End of Tenancy

fmccarthy

If you have issued notice to tenants about the end of tenancy, all legally and above board, and the tenant leaves before that date, but has stayed into the last month of the tenancy, does the tenant have to pay the full months rent?

dennyk

For longer tenancies, the tenant's required notice period to terminate is usually shorter than the landlord's, so they could turn around and give notice to you with a shorter notice period shortly after you issued the notice to them, and then they wouldn't be responsible for any rent following the end of their own notice period, even if yours was longer. However, if they didn't give you sufficient notice and just vacated the property less than a month before your notice period expired, they would still owe you the full amount of rent through the end of your notice period. If they failed to pay the full rent they owed, that would usually be considered arrears and you should be able to withhold it from their deposit if necessary, but you may want to double-check with a solicitor to be certain you're on solid legal grounds.

Note that if you are holding them responsible for the rent through the end of the notice period, you cannot re-let the property during that time, or move in yourself, or change the locks, or remove any of the tenant's items that still remain in the property, etc.; it would still be considered occupied by the tenant at that point even if they have physically vacated and they would still have the right of exclusive access to and use of the property themselves until the end of the notice period. If you want to retake possession of the property early, you can discuss it with the tenant and come to a mutual agreement on an earlier termination date for their tenancy than your original notice period, but of course the tenant certainly isn't going to agree to that unless you waive the rent for those additional days; you definitely wouldn't be having your cake and eating it too.

fmccarthy

thanks for the response. The RTB are saying the tenants don't have to give any notice once they ware within the landlords notice period, is that correct ? Also what would the tenants notice period be if they are within the last month of the tenancy?

Claw Hammer

The tenants notice to go and they went. Count yourself lucky. Many people give notice and deterrence refused to go, over holding and forcing the landlord through the RTB and the courts. The RTB apportioned rent on a daily basis. A Landlord is supposed to mitigate his loss, so tenant cause early it is usually difficult for a Landlord to time last as they have the option of letting the property again.
You should thank your lucky stars the tenant went and stop whingeing about the rent.

fmccarthy

i am not whinging about the rent, its a matter of principles. i can find no reference in the residential tenancies act to pro-rata rent so not prepared to just take the RTB's word for it.

Claw Hammer

fmccarthy wrote: »

i am not whinging about the rent, its a matter of principles. i can find no reference in the residential tenancies act to pro-rata rent so not prepared to just take the RTB's word for it.

the RTB consider it to derive from Section 59. If you don't like it and it is such a matter of principle, you can refer your dispute to the High Court.