Hi, we have a years contract which ends at the end of this month, written in writing 30th June. We have found a new flat to move into for July.
However our current landlord is insisting we have to pay for the whole month of July as we haven’t given the thirty days notice. (Despite the year contract coming to an end on the 30th) In our contract it does say “ If notice is not provided by either party to end the fixed term tenancy, the tenancy will continue on the same terms, on a rolling basis, until it is cancelled.”
I’m just looking for some advise as on other threads it states: (pics attached)
It seems you have given notice orally, if not in writing. Your screenshots, if that is what they are, seems self explanatory. As your landlord is in disagreement with you, I suggest that you send the first screenshot to the landlord before month end with written notice, if you have not already written to them as required by your agreement (email or registered or first class post, whatever it states).
On or after the day of departure request the deposit be returned from the Deposit Scheme on the basis that you left before the due date and had given notice, even if not within thirty days, and if this is challenged, send the Adjudicator that first page to remind them of that ruling, and proof of sending the same to the landlord.
You can initiate the deposit return, you don’t have to wait for the landlord to do so.
To be absolutely certain, check with a solicitor, not us, as most of the people on this forum, if not all, are not solicitors.
Thanks for the screenshots, as I have been told the same.
Curiosity: how did you copy the text that I called screenshots?
The main issue being that in the tenancy agreement there is indication that it suggests that we have to give 30 days notice even on a fixed term contract… but the screenshots I found online say this is unfair.
There a whole load of ifs and buts. What I don’t want to happen is move everything out on the 30th then still being forced to pay the months rent or they take it out of the deposit.
They are just screenshots John, I took a screenshot and attached them as photos.
I would imagine that the 30 days applies to leaving before the end of the term, but as your screenshot showed, and others have pointed out, you can walk out on the last day and say bye bye without any warning!
However, you do need proof you left, and paid up to the end of the term, otherwise it could be argued that you were still there after that deadline.
For context, I am both a landlord renting out my home, and a tenant where I am currently staying.
Hi Joshua, completely understandable that you want to double check, but all I can say is that we stand by the blog post you reference. It was written by Tessa Shepperson, who has spent over a decade writing housing law advice for tenants and landlords.
@John45’s advice sounds sensible; request the deposit from the deposit protection website as soon as the tenancy has been terminated.
Obviously, it is a courtesy for tenants to inform their landlords with as much notice as possible if they intent to move out, and I would always advise tenants to do so. But the rental market does move incredibly quickly (often to the benefit of landlords), and landlords should know the state of play since 2015 with regard to giving notice (as Tessa describes it). Therefore, serious landlords must be prepared for the possibility that tenants can move out with no notice at the end of the fixed term.
As I landlord I think this is wrong and have never had a tenant behave like this to me (thankfully). I am not a lawyer but I would definitely fight this until the end if it happened. If a tenant has spent time looking for a new place, signing contracts etc , they knew they were leaving And should have told the landlord, contractually and out of common courtesy. In my contract there is a process to move out which includes a check out and formal handing over of keys, so no sneaking off in the middle of the night. I always try to contact my tenants at least a month before the contract ends and ask if they intend to stay or not. That would be the chance to give notice and if they lead me on by saying they will stay
And then they don’t, I think the landlord also has a strong case. Sorry but I think such behaviour would be downright rude and if you have a good landlord you should show some respect.
No by all means we wish to be transparent as possible with the landlord, it’s beneficial to both the landlord and tenant. No way was the intention to leave without notice that’s not fair on anyone, but if that’s the only option… and there also lies another problem @Anastasia not all landlords are as understanding or reasonable as others, in our case the landlord manages the property for someone else but doesn’t own it.
Actually in our case how it was going was : our contract runs out 30th of this month. We have found a new flat to move into on the 13th of July. So our original intention was to ask if we could pay a pro rata rate of the 13 days of July, landlord said this wasn’t possible. So instead we said we would move out on the end of our contract 30th June, he said regardless we would still have to pay for July as it’s not a 30 day notice, I think it worked out at giving 20 days notice, even though it was the end date of our contract anyway. Ultimately being forced to stay another month and pay rent on 2 accommodations during the crossover.
We were not contacted by the landlord prior to the last month of our contract.
It’s interesting to hear from a landlords perspective so thanks for the input.
Thanks @Colin3, I think it’s ultimately down to the landlord. Correct me if I’m wrong, you own the property and were happy to do so? Like I said our landlord is looking after it for someone else more as an agent, so the tenant to landlord relationship I feel is different and not as personal as say you for example.
As a landlord and also having been a guarantor for a tenant i have experience of both perspectives. Seems like youve got one of those landlords that give the rest of us a bad name. Ok it was short notice by 10 days but like you say the contract was ending. He/she should just accept it like a man/woman without trying to extort a months rent. The word ‘rogue’ comes to mind.
Totally agree. Why on earth would a landlord not extend pro rata as it benefits both parties. This landlord definitely seems difficult & not very friendly or professional I’d say. On the one hand he’s demanding 30 days notice but then refusing a pro rata deal which would take you through that period anyway. It’s a win win. Maybe I misunderstood something but if not, what a mean landlord.
May I please say, the word ‘rogue’ is highly offensive to us responsible landlords.
On this site we have good opportunity to form mutual respect and build bridges. We (landlords) will of course refrain from using offensive word too.
Just some history, the Government started using and the word Rogue. about 7/8 years ago. Why? To build a toxic atmosphere against landlords, to pass stringent laws, onuses, all naturally attracting costs, fines and expenses.
Hope you understand.
Ummm… no, Colin, no. I promised we would not use slag-off terms. Yes, OMG yes, us older more experienced landlords have '‘seen ‘em all’’. But we must refrain from broad-brushing them all.
Incidentally slightly off subject, as we lockdowned did you get any saying to you '‘Oi, I am not paying my rent for 3 months, cos Boris said I did not ‘ave to’’?
Well done.
I have been hit, but only by genuine tenants that did could not qualify for furlough or self-employ grant…there are so many holes.
For the rest, I had to become Government Spokesman and explain what was meant by ‘‘you do not have pay your rent’’.
