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Remus2004
Remus2004, Barrister
Category: Property Law
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Experience:  Over 5 years in practice.
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with mutual consent myself and tenant have terminated a shorthold

Customer Question

with mutual consent myself and tenant have terminated a shorthold tenancy agreement. His monthly rent was due on the 14th and he moved out on the 21st of the month. Is he liable to pay another full month rent for the extra week or is he entitled to a prorate 1 week rental charge?
Submitted: 2 years ago.
Category: Property Law
Expert:  Remus2004 replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
When should he have moved out?
When did notice expire?
I presume the 14th?
Customer: replied 2 years ago.

We agreed 2 months notice which would have taken him up to Sept 14th but he apparently had an accident that prevented him moving out. His monthly rent was always due on the 14th of each month but he did not pay last month October 14th and only managed to vacate the property and hand the keys over on 20th October. (Monday)

Just to add, I have added the Surrender Declaration Document text below we have both signed. It says the rent is due up till the date of the surrender, however the rent due at that point would be a months rent as there is no weekly rent in the tenancy agreement.

DECLARATION

The Tenant(s) hereby agrees to surrender and yield up the Tenancy, such surrender being irrevocable and unconditional, to take place from and including the date of this Declaration.
Both parties release and discharge each other from all liabilities arising under the Tenancy or (other than this agreement) any other document or any variation of the terms of the tenancy EXCEPT the obligation on the part of the Tenant to pay the rent reserved in the tenancy (but only up to the date of this agreement) and the obligation of the Landlord to refund the surety deposit.

Expert:  Remus2004 replied 2 years ago.
Thanks.
Obviously he should have moved out in 14th September. The fact that he has had an accident is not your problem.
He is liable up until the date that he has moved out which is the 20th.
If you had agreed a further period of time then he would be liable for another months' rent but since he is doing no more than staying unlawfully effectively he is only liable up until the date he leaves.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

Many Thanks.

Expert:  Remus2004 replied 2 years ago.
No problem and all the best.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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