Boomed & Doomed - suing the old landlord

[Basil Fawlty]

The landlord has a legal right to keep the extra rent.

The property is rented out for a period and if you leave earlier than that full period it's tough luck.

You are always better to negiogiate and pay partial rent then give them the full amount up front. However you need to guestimate the dates.

That's what I thought as well. It's all about calender months, so if you'd moved onto a periodic tenancy that was rolling on the 10th of every month and you gave your landlord 4weeks notice on the 1st of a particular month then the tenancy would actually only end on the 10th of the following month.

Many landlords, if you have a good relationship with them, would agree to let you move out on the 1st and pro rata the rent accordingly, but there is no legal obligation for them to do so...

[NorthWestPerm2Contr]

That's what I thought as well. It's all about calender months, so if you'd moved onto a periodic tenancy that was rolling on the 10th of every month and you gave your landlord 4weeks notice on the 1st of a particular month then the tenancy would actually only end on the 10th of the following month.

Many landlords, if you have a good relationship with them, would agree to let you move out on the 1st and pro rata the rent accordingly, but there is no legal obligation for them to do so...

If there was a gap between you and the next tenant, then yes, I agree.

[Incognito]

If there was a gap between you and the next tenant, then yes, I agree.

What does your tenancy agreement say. I think you'll find you don't have a legal leg to stand on. You are in a contract, that contract requires you to give x weeks notice. If you leave before that, that is your decision. You are still obliged to fulfill your part of the bargain, it doesn't make a difference if he rents it out next day, that would only matter if he was pursuing you for damages if you moved out early without paying the rent.

If you went to Avis and hired a car for a week and gave it back after 5 days, you wouldn't get your 2 days back. No matter if they rented the car back out the next day.

Where is the burn in the carpet, room, location in room and size of burn?

[NorthWestPerm2Contr]

What does your tenancy agreement say. I think you'll find you don't have a legal leg to stand on. You are in a contract, that contract requires you to give x weeks notice. If you leave before that, that is your decision. You are still obliged to fulfill your part of the bargain, it doesn't make a difference if he rents it out next day, that would only matter if he was pursuing you for damages if you moved out early without paying the rent.

If you went to Avis and hired a car for a week and gave it back after 5 days, you wouldn't get your 2 days back. No matter if they rented the car back out the next day.

Where is the burn in the carpet, room, location in room and size of burn?

We gave adequate notice

[Old Hack]

Correct, somebody has brains in here at least....

You do come across as a rude prick you know.

As I said, my rental period is monthly. If you leave before the end of the month, thats tough.

[Old Hack]

If there was a gap between you and the next tenant, then yes, I agree.

No, not at all. If you sign 10th to 9th and pay on the 10th each month. If you leave on the 12th, the money is his. There's no obligation on his part to pay you anything back.

I hope he screws you mate, to be frank.

[d000hg]

If they agreed in writing to pro-rata the rent, doesn't that supercede the contract?

I'd send a registered letter saying you will take them to SCC if you don't get it resolved in X days. And then do it. Get a solicitor to send the letter if you don't mind paying and want to get it sorted faster.

[Basil Fawlty]

If there was a gap between you and the next tenant, then yes, I agree.

Not sure what the legal position is here then. Presumably you gave the landlord written consent to allow someone else to move in before the end of your contract on the agreement that he would end it early and refund any rent already paid ? If so I can see that you might have a case....

[Basil Fawlty]

No, not at all. If you sign 10th to 9th and pay on the 10th each month. If you leave on the 12th, the money is his. There's no obligation on his part to pay you anything back.

I hope he screws you mate, to be frank.

True - but that also means the property is his until the 10th of the following month and the landlord cannot move someone else in until that point...

[northernladuk]

So you think it is ok to rob somebody of their money because you are a business? Being in business does not mean you are not allowed to be ethical and fair.

Also, you may be an expert on somethings but pretending to know about something you have no idea about just makes you look foolish. Hth

Man you are ******* prick. You say I look foolish when you are the idiot crying on here with all your personal tulip that no gives a toss about whe you can't run your life by yourself. You are also stupid enough to post it in general and expect a sensible answer. Now THAT is foolish.

The post you linked indicated I don't give a tulip about tenants legalities, someone esle does it for me? How does that indicate I am robbing someone and pretending to know? The fact I pay someone else to do it shows I don't know.

If you want to post stupid situation you are incapable of thinking your way out of and want lots of cuddles and 'there there's' the sod off to mumsnet.

BTW there is a fine line between robbing people and getting away with what you can. Tenants are right pain in the arse and it is often the landlords that get screwed over by them. If you can claw that back through playing tough then so be it. It's called life.

To think, I even gave you some +ve this week to stop you crying over that little episode