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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70198
Experience:  Over 5 years in practice
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I live in a flat and my tenancy was about to expire on 29/5.

Resolved Question:

I live in a flat and my tenancy was about to expire on 29/5. I agreed with the letting agency to renew with a slight increase on the rent. I got the papers and signed them, but on the 10/5 I got an email from the letting agency that my landlord decided to sell the flat so I had to evacuate. Initially, they gave me until the 29th of May which was crazy. Then we verbally agreed to give me 2 months to evacuate, so I suggested Monday the 11th of July exactly 2 months after the notice they gave me (10/7 is a Sunday). They told me that I had to pay the entire July's rent although I will check out on the 11th. Then the landlord changed his mind and he decided to rent the property again, so the agency found new tenants who are moving in on the 18th. Why should I pay for the entire month since they are putting new tenants in mid-month? Shouldn't I get reduced final rent for up until the 18th or at least keep the flat until the 29th of July?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.

When did you give notice?

Customer: replied 1 year ago.
On 10th May when the agency told me I had to leave. After that, I initiated the checkout process and made arrangements for cleaning/inventory check with the agency. The landlord changed his mind and decided to rent, but I had already given them notice that I'm not staying, fearing that he will change his mind back and sell.
Expert:  Jo C. replied 1 year ago.

Okay.

But did you give separate notice or were you just relying on the notice given by the agents?

Customer: replied 1 year ago.
No I was just relying on the notice given by the agents. Up until 2 weeks ago the property was to be sold, but then the landlord decided to delay the selling and rent it out again.
Expert:  Jo C. replied 1 year ago.

That is a problem I'm afraid.

They have to give you two months notice. Tenants notice can be only the one months but you did not serve notice so it does not apply here.

The date that you actually vacate is a nonissue. Notice runs from the rent dates. So if your rents was due on 29 May and you serve notice, for instance, on the 12th the notice would not begin to run until the 29th. For that reason you are liable until the end of July. However you are entitled to live in it until that date as well.

If you had given notice at the time that they did then you would only have been liable until the end of June but you can only live in it until that date as well.

However, you could demand that they do not charge you after the 18th as they have replaced you with another tenant and so they are claiming double compensation which the court will not allow. Nevertheless, you would be liable until that time.

Sorry if that is bad news.

Can I clarify anything for you?

Jo

Customer: replied 1 year ago.
What I want to understand is why should I pay 18-29 of July since they are getting new tenants in who are also going to pay for these dates. I don't mind paying until the 17th of July, I understand that I'm liable to pay a months rent, but I was under the assumption that the property should be mine and empty (even though I had made plans to leave much earlier). Since that's not the case anymore, why would the landlord receive twice as much rent for the dates 18-29/7?
Expert:  Jo C. replied 1 year ago.

You could demand that they do not charge you after the 18th as they have replaced you with another tenant and so they are claiming double compensation which the court will not allow. Nevertheless, you would be liable until that time.

Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks, that's good to know!
Expert:  Jo C. replied 1 year ago.

No problem.

all the best.