Ending tenancy early but paying for full month?

Ending tenancy early but paying for full month?

9:57 AM, 3rd February 2023, About 2 years 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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Chris Rattew

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18:45 PM, 4th February 2023, About 2 years ago

Reply to the comment left by Chris Bradley at 04/02/2023 - 18:30
I imagine that fixed term agreements would not be illegal, just not enforceable in the courts. Although there is a 6 month minimum on evicting tenants now, our tenants have always stuck to their agreements, even when their circumstances have changed. However, it is often possible to change agreements if no new tenant has agreed a contract.

DAMIEN RAFFERTY

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10:07 AM, 5th February 2023, About 2 years ago

Inform the Lettings agents and LL what date you will be leaving.
Take lots of dated photos and IF my any chance the LL tries to withhold any of the deposit dispute this via the DPS dispute scheme.
After 6 years the LL should expect a full refurbishment of the property.
Have you got a GSC each year
EICR, EPC etc ?
Good luck in your new home

Chris Bradley

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10:13 AM, 5th February 2023, About 2 years ago

Reply to the comment left by DAMIEN RAFFERTY at 05/02/2023 - 10:07The person asking this wants to avoid paying utilities and council tax till the end of the contract. A contract which only requires 1months notice. You are advising them to leave when they want to and to dispute any deductions from the deposit.
Would you similarly advise a landlord to try and kick a tenant out with less than 2 month's notice.

DAMIEN RAFFERTY

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17:39 PM, 5th February 2023, About 2 years ago

The tenant will give notice and only wants to hand the keys back 2 weeks early.
They will be liable for council tax for that 2 weeks.
How much the Gas, electric and water cost if turned off and the water isolated ? and again that is something for the tenant and utility companies to sort out.
The Landlord has received full rent for 6 years and now has the keys 2 weeks early while still receiving rent !
He can use this time to have repairs and any upgrades needed.

Chris Rattew

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18:35 PM, 5th February 2023, About 2 years ago

Reply to the comment left by DAMIEN RAFFERTY at 05/02/2023 - 17:39
It could still be worth arranging something for the utilities, as you need these to work on the flat. WE have bills inclusive contracts, but this would not work with everybody.

Jenn Smythe

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12:17 PM, 6th February 2023, About 2 years ago

Thank you for all your comments and help.
I didn't realise it would be quite so controversial wanting to hand the keys back early, so I am glad I asked for opinions on here.
I will ask the estate agents to see if the landlord is willing to take the keys back early. Council tax is covered up to the end of march so it would just be utilities that are a concern.
Given the distance we are moving and work/life/car problems it would just be easier for us to be finished with this house sooner rather than later. Given the estate agents/landlords legally dubious activities forcing a change of contract and rent increase last year, I also just need to be done with this place and move on.
Here's hoping they see it's actually to their benefit to have access earlier in order to facilitate works and get a new tenant in sooner.
It's just been unfortunate that the opportunity to move has somewhat sprung upon us sooner than anticipated and hasn't quite lined up with the rental period (but equally we couldn't turn it down)

Jenn Smythe

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11:41 AM, 27th February 2023, About 2 years ago

Just thought I would update this.

So we gave our notice, made the offer (in writing) to hand the keys back early without any deduction in the value of the final rent. The estate agents confirmed verbally over the phone this was acceptable. However, they are now refusing to put this in writing, and not responding to any emails.

They also tried to claim we were in a 1 year tenancy agreement until October 2023 even though they illegally forced us onto a rolling monthly in October 2022 (thankfully I have the email correspondence to confirm this). They are also trying to enforce a requirement for professional cleaning, which, as I understand is not enforceable since 2019 tenants act.

So, we are a bit in limbo as calls to the relevant person/department are not returned and no email correspondence is forthcoming.

And people wonder why landlords/estate agents get a bad reputation...

Seething Landlord

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13:01 PM, 27th February 2023, About 2 years ago

Reply to the comment left by Jenn Smythe at 27/02/2023 - 11:41
I do not understand how they could have "illegally forced you on to a rolling monthly"; at the end of the fixed term a tenancy becomes periodic automatically if a new agreement is not signed for a further fixed term (I assume you are in England, I have no idea of the situation in Wales or Scotland).

The amount being claimed by the landlord will become apparent when you seek repayment of your deposit. Check the procedure for retrieving the deposit, which should be clearly explained in the original documentation. The Government "How to Rent" booklet includes guidance and links that you might find helpful:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/942503/6.6642_MHCLG_How_to_Rent_v5.pdf

DAMIEN RAFFERTY

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14:04 PM, 27th February 2023, About 2 years ago

No degrees in Professional cleaning so as long as you clean the place and take photos the LA/LL have to prove damage above fair wear and tear.
After 6 years LL must expect to need maintenance and painting before selling or renting to new tenants.

Jenn Smythe

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17:50 PM, 27th February 2023, About 2 years ago

Reply to the comment left by Seething Landlord at 27/02/2023 - 13:01
Because they claimed that our 1 year contract due to run Feb 2022-feb 2023 with a rent increase (signed by both myself and the landlord via docusign) was not valid, as they had not finished processing it their end, so used that administrative error (blamed on a previous member of staff not completing their task) to change us from a fixed to rolling monthly contract with another rent increase.

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