Is my landlord right?

[Deleted User] · 29/06/13 - 22:31

I normally pay my rent on the 4th of every month, so my "month" that I pay for is from the 4th of one month to the 4th of the next.

I'm moving out of my current flat on Tuesday which is the 2nd but before we thought we were moving out on the Friday which would be the 5th and my landlord asked us for an extra weeks rent? Is he right in doing so? As surely we would only be due him a weeks rent if we stayed a week after the 4th? Turns out we are now moving before the 4th so I don't believe we are due him anything?

Ber · 29/06/13 - 22:52

Just because you pay on the 4th doesn't necessarily mean the actual rental period runs from the 4th.

So it may be worth checking your tenancy agreement to see if it says anything about it there.

[Deleted User] · 29/06/13 - 22:53

He let us choose what day of the month to pay to suit us with when we get paid from work and the 4th was the best day. I assumed that since we are leaving before the rent is due again that we would not owe him anything.

Ber · 29/06/13 - 23:03

But as I said that may not necessarily reflect the actual 'rental period' you are paying for.

So it could be the case that your rental period runs from the 1st of every month but he has agreed to the rent being paid on the 4th because it suited when you got paid and meant he didn't risk a missed rent payment because it was due before you got paid and may have been skint.

[Deleted User] · 29/06/13 - 23:07

Ah I understand. So if it starts from the 1st of each month and we are moving out on the 2nd we would only have to give him a day's rent?

(ADDED) Although if we aren't actually staying on the 2nd we shouldn't actually owe him anything?

MarzBar85 · 29/06/13 - 23:21

Misty_Eye21 wrote: »

Ah I understand. So if it starts from the 1st of each month and we are moving out on the 2nd we would only have to give him a day's rent?

(ADDED) Although if we aren't actually staying on the 2nd we shouldn't actually owe him anything?

Your tenancy will end tomorrow, you are staying 2 days over that. You withhold rent, he can take it out your bond.

[Deleted User] · 29/06/13 - 23:28

How do you know my tenancy ends tomorrow?? It is a private landlord, what is a bond?

davidmcn · 29/06/13 - 23:33

Misty_Eye21 wrote: »

what is a bond?

Your deposit.

Ber · 29/06/13 - 23:33

Misty_Eye21 wrote: »

Ah I understand. So if it starts from the 1st of each month and we are moving out on the 2nd we would only have to give him a day's rent?

I would assume that to be the case. I have never formally rented so don't know if or where your actual rental period would be recorded.

iCandy77 · 29/06/13 - 23:35

Misty_Eye21 wrote: »

How do you know my tenancy ends tomorrow?? It is a private landlord, what is a bond?

Your deposit

Ber · 29/06/13 - 23:37

Misty_Eye21 wrote: »

How do you know my tenancy ends tomorrow?? It is a private landlord, what is a bond?

If the rental period starts on the first then it would end on the last day of the previous month which in this case is 30th June - tomorrow. A new rental period would then start from midnight so you would need to pay rent for Monday and Tuesday

MarzBar85 · 29/06/13 - 23:37

Misty_Eye21 wrote: »

How do you know my tenancy ends tomorrow?? It is a private landlord, what is a bond?

Because if it starts on the 1st of the month it must finish on the last day of the month, unless otherwise specified.

[Deleted User] · 30/06/13 - 00:01

Strictly speaking if your rental period is 1st - 31st (or last day) then your LL can charge for the whole period if you overstay even a day.

If you paid a deposit, was this protected ?

This all assumes the rental property is in england or wales.

[Deleted User] · 30/06/13 - 00:49

I'm in Scotland. We aren't getting our deposit back we just didn't pay last months rent with permission from the landlord. I've no problem with paying, that's not the issue was just wondering if I did in fact have to pay if I was moving out before the 4th.

[Deleted User] · 30/06/13 - 01:48

When you actually move out is neither here nor there. The relevant date is when you give notice that you are leaving. Usually you have to give notice of one full month's rental period. So if your rent is paid from the 1st to the 31st then you pay rent till the end of the following month after giving notice.

If your landlord is accepting less notice then go along with it as he could demand more.

[Deleted User] · 30/06/13 - 02:34

He was given more than a months notice. He knew we were moving out ages ago, we've just changed it to move sooner than originally planned.

babinaba · 30/06/13 - 04:21

Off topic but FYI just so people are aware there is now a compulsory deposit scheme in Scotland now as well - http://m.bbc.co.uk/news/uk-scotland-22532276

swaydog · 30/06/13 - 05:02

If you gave the required notice and are using the deposit for the last months rent.
Then I wouldn't worry about it.
He would be very unlikely to chase you in the courts for a few days rent.
If you just want to leave on good terms and pay whatever you might owe then ask to see the original tenancy agreement (if you no longer have it) to see what day you moved in.

[Deleted User] · 30/06/13 - 14:35

To be honest, you are lucky! I gave notice having found another flat one month, due to move out less than a week after the contract date of payment, I found out that legally they can charge for one calendar month if you overstay that date! I was lucky that the owner of the flat waived the charge even though it would stand empty for a few weeks.

Nessun Dorma · 01/07/13 - 04:44

Misty_Eye21 wrote: »

He let us choose what day of the month to pay to suit us with when we get paid from work and the 4th was the best day. I assumed that since we are leaving before the rent is due again that we would not owe him anything.

All the agreements that I issue say that that tenants pay a month in advance and that there are no refunds for part months (standard AST agreement terms). So, if he is only asking for a week, you are getting away lightly.

Hey there!

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