Final month's rent

savvyav

Hi,

This has probably been covered before so apologies if you're sick answering it. I moved into a rented house in August 2011 and originally the owners' daughter was my landlord. She moved out in January 2012 and the owners became my landlord then and the residency was registered with the PRTB then. I never signed a lease, it was a verbal one-month rolling contract. I handed in my notice today and told them I was planning to move out on 20th January and asked what my rent would be for January and they said it would be full-price as my rent is paid by the calendar month i.e. the first of every month. Is this legal? I thought it was 30 days notice so I don't see why I'm paying for 10 days I won't be here!

beaner88

savvyav wrote: »

Hi,

This has probably been covered before so apologies if you're sick answering it. I moved into a rented house in August 2011 and originally the owners' daughter was my landlord. She moved out in January 2012 and the owners became my landlord then and the residency was registered with the PRTB then. I never signed a lease, it was a verbal one-month rolling contract. I handed in my notice today and told them I was planning to move out on 20th January and asked what my rent would be for January and they said it would be full-price as my rent is paid by the calendar month i.e. the first of every month. Is this legal? I thought it was 30 days notice so I don't see why I'm paying for 10 days I won't be here!

You might have to give longer notice but your leaving date is never set by the calendar month. You calculate the final months rent pro rata.

You've been in the house over a year but most of that was as a rent a room so 28 notice should probably suffice.

savvyav

That's what I thought too, I've moved out of two other places mid-month and it was calculated pro-rata. So annoyed, house is in really bad condition and this is the final straw.

the_syco

savvyav wrote: »

originally the owners' daughter was my landlord

Who has your deposit? If the current owner doesn't have it, who will you get it off, if at all?

djimi

Assuming your tenancy started on in January (Im not sure what the story with the time you were in the house before but licensee is not covered by tenancy act so I presume its disregarded) then you must give 35 days notice when you intent to vacate seeing as how you have been there for 6-12 months. The landlord is entitled to expect full rent until the 35 days notice period is up. Any rent that has been paid after that (say rent is paid on the 1st of the month and the notice period ends on the 14th) would be due back to the tenant.

Generally speaking rent is due on a monthly basis starting on the day you moved in, so if you move in on 12th January then rent would be due 12th Feb, 12th March etc.

savvyav

I've just checked our rent book and it just says one month's notice, so would that over-rule the 35 days? I have no problem paying them for 35 days if that's the law but I feel like they're just being a bit petty over this. Its literally 100e we're arguing over but at this stage its the principle of the matter.

The owners/new landlords have the deposit, everything was transferred over to them when their daughter stopped managing the house.