Money due to Landlord

m'lady

Hey all

Just looking for a bit of advice (I am useless when it comes to maths!).

I gave my landlord a months notice yesterday, no problems there as we are not tied up in a lease still.

However rent is due on the 15th of this month (paid a month in advance), and we will be moving out on the 6th of March. Am I right in thinking that we dont owe him a full month rent, that we owe him from the 15th to the 6th ? so therefore should I work out how much rent we pay per day and multiply it according to the days we will be here?

Sorry I know I sound like a ditz! but I dont want to make a mistake as the landlord is a serious kinda guy and I wouldnt want it to look like we are screwing him.

odds_on

m'lady wrote: »

Hey all

Just looking for a bit of advice (I am useless when it comes to maths!).

I gave my landlord a months notice yesterday, no problems there as we are not tied up in a lease still.

However rent is due on the 15th of this month (paid a month in advance), and we will be moving out on the 6th of March. Am I right in thinking that we dont owe him a full month rent, that we owe him from the 15th to the 6th ? so therefore should I work out how much rent we pay per day and multiply it according to the days we will be here?

Sorry I know I sound like a ditz! but I dont want to make a mistake as the landlord is a serious kinda guy and I wouldnt want it to look like we are screwing him.

What makes you think that you have no lease? if you are paying rent and occupying the landlord's property (unless he is also living in the dwelling with you, is his residence in which case you are a licensee) then you have a lease, either verbal or implied, if there is no written lease. As a licensee you would be entitled to give a month's notice and leave.

Depending on what type of lease you have, depends on whether you can legally leave by giving a month's notice. However, you can leave by mutual agreement but the fate of your deposit should have been discussed.

If you are a licensee, then calculate the daily rate (the yearly rent divided by 365) and then calculate for the number of days you will be in occupancy.

djimi

Youll need to clear it up with the landlord how much they expect you to pay, but ordinarily Id say yes you can expect to pay just the three weeks rather than the full month to bring you up to the date you are leaving, assuming the landlord is okay with you leaving in the middle of a month. Thats just from my experience though; I dont know if there is anything legal that says they can expect a full months rent. Id say best thing to do is talk to them first and take it from there.

Has the landlord agreed to a months notice? Assuming you had a years fixed term lease and you are now into the second year of living there then technically you should be giving 42 days notice in accordance with the part 4 tenancy, but its obviously up to the landlord to agree to less if they choose!

m'lady

Thanks for the responses. We had a one year lease, and this is our second year, no lease was signed by either party.

I gave him the months notice verbally and have put it in writing, he was fine with that and I have since allowed the house to be viewed by a potential tenant.

The rent is paid mid month, so he is therefore getting more than a months notice.

djimi

Id say you should be fine so. Have a chat with him and verify how much he expects for the last month. You might get lucky; my last landlord gave me my last 10 days for nothing!

odds_on

m'lady wrote: »

Thanks for the responses. We had a one year lease, and this is our second year, no lease was signed by either party.

I gave him the months notice verbally and have put it in writing, he was fine with that and I have since allowed the house to be viewed by a potential tenant.

The rent is paid mid month, so he is therefore getting more than a months notice.

Some landlords are very lax in preparing a Part 4 lease which starts at the end of a fixed term lease if no other fixed term lease is signed.

As you continued in occupancy of the house at the end of the fixed term lease and no further lease was signed, you have a Part 4 lease or tenancy.
The legal requirement for termination of a Part 4 tenancy is to put it in writing and give, in your case, as you have been living in the house for between 1 and two years, a notice period of 42 days.

However, by mutual agreement, another time period may be agreed - preferable get it in writing in case there is a claim at a later date for, for example arrears of rent which the landlord may retain from the tenant's deposit.

You seem to have a good relationship with the landlord which is useful in your circumstances.

m'lady

djimi wrote: »

Id say you should be fine so. Have a chat with him and verify how much he expects for the last month. You might get lucky; my last landlord gave me my last 10 days for nothing!

I doubt I'll be so lucky!! Thanks again

m'lady

odds_on wrote: »

m'lady wrote: »

Thanks for the responses. We had a one year lease, and this is our second year, no lease was signed by either party.

I gave him the months notice verbally and have put it in writing, he was fine with that and I have since allowed the house to be viewed by a potential tenant.

The rent is paid mid month, so he is therefore getting more than a months notice.

Some landlords are very lax in preparing a Part 4 lease which starts at the end of a fixed term lease if no other fixed term lease is signed.

As you continued in occupancy of the house at the end of the fixed term lease and no further lease was signed, you have a Part 4 lease or tenancy.
The legal requirement for termination of a Part 4 tenancy is to put it in writing and give, in your case, as you have been living in the house for between 1 and two years, a notice period of 42 days.

However, by mutual agreement, another time period may be agreed - preferable get it in writing in case there is a claim at a later date for, for example arrears of rent which the landlord may retain from the tenant's deposit.

You seem to have a good relationship with the landlord which is useful in your circumstances.

Yes it's a good relationship we have, and in fairness he has never had any issues with us, the house is immaculate (self confessed clean freak!).

Thanks for the advice everyone!