Hi
I have a tenant who is on a 12 month open rent tenancy agreement
She decided she wanted to move out after 11 months (not the full 12)
She gave 1 months notice on month 10. Is she responsible for the last months rent & council tax due to signing for 12 months or because she gave notice is she not responsible for the last months rent? And council tax
Many thanks
If the tenant has given the correct amount of notice as per your tenancy agreement, in the correct way and you have accepted it then your tenant owes nothing for rent or council tax (other than arrears) from the agreed day they move out.
The tenant is unable to serve a valid notice during the fixed term. Therefore her notice was of no legal effect. However, a landlord is able to accept an invalid notice and this makes it legally binding. If, by your actions or responses you accepted her notice then the tenancy will have ended and she will owe you nothing. Are you able to say exactly what happened when you received the notice?
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David122 is correct if there is no break clause in the Open Rent tenancy agreement. I use my own agreement which offers a break from month 6 with 2 month’s notice on either side which means it is exercisable from month 4 onwards.
I told her she would be breaking the tenancy early which isn’t really allowed without financial punishment
She did it anyway. So now I don’t believe I should pay for the last months council tax when she is on a 12 month tenancy & she’s leaving after 11 months.
Can I keep her deposit for the last months rent?
You can deduct what you lose from tenant leaving early, this may not be the full month as if you get new tenants within a month this would cover part of the loss. You can’t claim the full months rent and then also receive rent for that period from a new tenant. You are expected to take reasonable steps to minimise this loss.
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Let the Council Tax office know that despite moving out early, she was still in a fixed term tenancy. They might ask you to send them a copy, but it means that the tenant is liable and they shouldn’t bill you.
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Thanks Richard! Do you have a link to where I can read this incase she thinks I’m not being legal?
Thanks