Hi! Bit of a confusing one here.
We decided to leave our property after 6 Months (break clause) as we were not happy with a few things and wanted to move out of the area. As stated in our contract we had to give 2 months notice before the 12 Month AST was up - which we did. In fact, it will work out that we were in the property for 6 months and 25 days by the time we move.
We moved in 1 Oct 2020 and leaving on 25 April 2021 (notice given on 25th Feb). An oversight on our behalf was that we thought the 25 days of April would be pro-rata’d and we wouldn’t pay the full month of April’s rent. The landlord let us know that this wasn’t the case (The day before the rent was due when we asked a week in advance…) and that we had to pay the full month’s rent. This is annoying but absolutely fine.
We noticed that in the current property’s advert on OR that they have listed it as available from 26th April - and today it has been let agreed.
My question is - is this allowed? Of course there’s every chance that the new tenants may not be moving in until 1st May and there’s no way of me finding this out without asking the landlord themselves - but assuming that they’re moving in on 26th then it means the landlord will be collecting rent from them from 26th and still have the extra 5 days money from us. Surely if we have to pay for the property until 30th April then they cannot move people in until after this date?
Any help would be appreciated! It’s a bit of a difficult one as we informed the council tax/utility companies that we were moving on 25th April so to cease contracts on that date which the landlord is aware of - If we open this can of worms with the rent situation then I’m worried we will then have to pay for the utilities for another 5 days.
It’s not allowed as if you have paid rent till end of the month then you are entitled to use the property until the end of the month. It depends what you said to landlord as if you have said you are leaving on 25th he has probably assumed you wouldn’t use it beyond this date but he should have confirmed with you. He would be crazy to get someone to come in on 26th as if something happens that delays your move then he has no home for new tenants so most landlords would ensure there is a gap to allow for unexpected issues.
If you have no further use of the property beyond 25th then it isn’t really worth pursuing it.
You should be able to find out when the new tenants move in, even if you have to wait until after its happened to check. If its before the end of April, you can ask the landlord for the 5 days rent back. If he re-lets the property during a period when you still legally have possession, then he is illegally evicting you and you can threaten to sue if he equivocates.
Thanks! This is the answer I was looking for!
So! Throwing a spanner in the works. We have received an email today to let us know that our new property is not available until 30th April. I’ve told the landlady this and she is now moaning and saying that we told her 25th April…blah blah. Yes we did but that was what day we told her we wanted to check out for our convenience of not coming back to the area. She has now said the latest her new tenants can move in is 29th April…
Am I in the right to refuse to go anywhere until 30th?
This is the reply I received - Is she correct?
"You handed in your notice on 25 February and your notice period ends on 25 April. As previously explained regardless of your notice period, you paid the full monthly rent for April as your liability for rent remains the same for your rental period regardless of when you contractually agree to leave. It is general practice that you give notice on the same day as your rental period so your rental period and your notice period marry up but you can of course give notice mid-rental period and request to leave early as you did, but this does not impact your rental period, which is why you pay for the full month/remaining days. You’d requested to leave early on 24th April and I agreed to this so your notice period actually ends on 25th regardless of your rental period. So I’m perplexed as to why you’re surprised that I’ve given this date to the new tenants as this is the date that you confirmed the property would be vacant.
Guys, I’m sorry your new landlord hasn’t honoured your agreement with them however this is not my fault nor that of my new tenants. I, on the other hand, have honoured our agreement and nonetheless am trying to be as flexible as possible in light of your situation - despite no liability. But I don’t find it fair that my new tenants should bear the brunt of your landlord/agent’s error. Your grievance and legal standing is with your new landlord, as I assume you have a written tenancy which starts on 24 April and this what you need to enforce (and have every right to do so).
I completely sympathise with your situation but as it stands you contractually agreed to vacate the property on 25th April. The new tenants have agreed to push back their move in date until 29th and I’m happy for you to stay until then. But if your new tenancy starts on 24th I’d advise you go back to the agency as they need to accept liability for their error."
Yes, you are within your rights to stay until the 30th given you have paid until then. If they wanted your tenancy to end early they would have needed to refunded the overpaid rent. The new tenants wont be happy but that’s the landlords problem not yours.
What exactly did you Notice to Quit say and what exactly was her response to it? She may be wrong, but a landlord is allowed to accept an invalid notice which then becomes binding, so it may depend what was said.
I think your current landlady has a point as to what dates you agreed and signed for, with your new landlord. They do need to help you and take responsibility. It shouldn’t be for you to have all the worry and possible expense if it’s their error.
As someone else has already said, it’s not the best practice to re-let until you know the last tenants have definitely vacated, but afraid I do not know where you stand legally.