Ending tenancy early but paying for full month?

Ending tenancy early but paying for full month?

9:57 AM, 3rd February 2023, About A year ago 46

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Hello, Due to dates/times not quite aligning, I will be moving into a new property midway through the rental period on my current rented property (rolling monthly contract, no arrears or issues).

To save having to drive back and forward between properties to check on the empty rental and being liable for gas/electric/water, can I end my tenancy and return the keys early?

I am happy to pay the full month’s rent required, I just want to finish up with the current rental place and be done with it.

Thanks for any advice.

Jenn


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Comments

David Houghton

10:59 AM, 3rd February 2023, About A year ago

Just speak to your landlord, he will probably agree. Landlords are people too.

Chris H

11:15 AM, 3rd February 2023, About A year ago

Depends on the LL, assuming they have someone lined up, likely no issue, Obv they might want to play it tight on utilities, clowncil tax etc

Jenn Smythe

11:42 AM, 3rd February 2023, About A year ago

That's certainly not my experience with this landlord, and given the lack of maintenance and the fact we have been here for 6 years, there will need to be time for works to be done before renting out, so not possible to go straight to another tenant.

I suppose I need to know if it will have any legal ramifications really, but thank you for your comments

Judith Wordsworth

12:13 PM, 3rd February 2023, About A year ago

Your tenancy agreement should have a termination clause - have a look to see what date you need to give notice on ie what date in the month.

You say midway into your current month of your (periodic) tenancy. As far as I'm aware you only need to give 1 months notice to your landlord.
If tenancy originally started on the 6th of August 2016 then you need to give 1 months notice as from the 6th February 2023 to vacate (or pay up to) on the 5th March 2023.

Just explain to your landlord that your are giving 1 months notice as per your tenancy agreement which is now a rolling periodic tenancy.

If you were in a fixed AST then you would have been / or could have been liable for the rent for the fixed term.

Chris Rattew

12:43 PM, 3rd February 2023, About A year ago

We often agree early termination if the tenant finds a replacement that we deem suitable. They can then get most of their 2 months' advance rent refunded. If you have somebody, suggest this to the landlord. Over recent years, this has happened with most of our early terminations, but demand is very high in Manchester.

Jenn Smythe

14:12 PM, 3rd February 2023, About A year ago

I don't think I have been particularly clear, apologies.

We will be giving 1 month notice on the 25th February, and paying the full amount of rent for that last month. But we want to give the keys back to the estate agents on the 10th march, not the 24th, so that we don't have to worry about driving back and forth to check on the property/cost of utilities for that last 2 weeks.

Are there any legal ramifications for doing this? The landlord will get their full rent, full notice, they will just have access to the property earlier than they would otherwise to undertake remedial works/viewings/whatever activities they want.

Chris Rattew

14:50 PM, 3rd February 2023, About A year ago

This should not be difficult. There is clearly a discussion to be had over the council tax and the utilities for this period. If the tenancy continues anyway till 24th March, you would still be liable for council tax for this period, and could not claim exemptions or discounts on two properties at the same time. Clarify matters with the landlord.

Kate Mellor

16:07 PM, 3rd February 2023, About A year ago

Hi Jenn,
I think that what you are asking is, if anything were to happen to the property between you handing back the keys and the end of your notice period can you be held liable.

No, not if you handle things in the right way.
You should contact the agent now and book your exit inspection for a date that suits your moving schedule. Given plenty of notice this shouldn't pose a problem. Tell them you want to be present, which is your right. You would then hand back the keys, (ask for a receipt).

You've then fully fulfilled your obligations under the tenancy and there can be no doubt that you've handed back responsibility for the property. Once an inspection has been carried out and keys returned you can't be held liable for any subsequent damage and the landlord has buildings insurance for anything like break-ins, fire or flood. The agent will be responsible for securing the property after you've left, so they can't claim you left any doors or windows open.

Seething Landlord

16:54 PM, 3rd February 2023, About A year ago

Reply to the comment left by Christopher Rattew at 03/02/2023 - 12:43
I know it's a bit off the point but how come you are holding 2 months advance rent?

Chris Rattew

17:20 PM, 3rd February 2023, About A year ago

As our customers are mainly university people, the year ends in September, so if people leave early, there are no tenants plus double council tax to pay, so the tenancies generally end and start on 1 September. We do not take damage deposits. The PBSAs just charge a higher monthly rent for the shorter periods, but that complicates council tax for us.

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