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Charged for staying two weeks after 12 months contract

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240 views 1 replies latest reply: 05 November 2015


I am having hard time to find answers anywhere. My partner is renting a studio in the Brent council. Basically, he started his contract last year on the 15th of November, for 12 months.

We found a new flat to move in, available from the start of December, so he asked if he could stay from the 15th of November (date when the the contract ends) until the 3rd of December (which will would let us enough  to move/clean)…

We made a request to the agency on the 6th of October, they answered that they had to check with the landlord, who was away until the 15th of October. On the 26th of October we got an email reading “You would be expected to pay the whole rental as a penalty as to wishing to stay over your date. That what the landlord has requested and your move out date would be 3rd December“.

I called the, who to me they were in their right to make us pay the full month but cannot ask us to leave on the 3rd if we do so (they would have to leave us the flat until the 14th).

On the contract it reads: “Termination: The licensee may end the licence at the end of the Intitial Minimum rental Period by giving two month’s written notice to the landlord. To confirm ending of licence, the landlord will need to confirm receipt of the licensees written notice. This contract is fixed for 12 months of the term and only then that this omes in to effect”.

Now here is the tricky thing: 

My partner sent the email on the 6th of October (“I am writing regarding the request I made to you at the beginning of October about leaving the flat on the 3rd of December.“). Shelter told us that since it is before the end of the contract, it is not valid. The contract reads we need to give two month notice, but the agent said we were leaving on the 3rd of December. My partner wants to get back the money for after the 3rd of December as it is not legal to charge for days after his departure and the contract reads no fees for staying after the contract ends. 

How do we proceed? Is there any law article saying they cannot charge us for the days after we leave? Do we have to send another notice at the end of the contract saying we will leave the flat as tehy requested on the 3rd? He is supposed to pay for the flat for these two weeks plus charges in 10 days, how does he get the money back after that?

Thank you very much for your help.


Hi Gabriel

I’m not a lawyer but normally you can give notice in a fixed term, as long as the notice end date doesn’t fall within the fixed term itself. What’s the Initial Minimal Rental Period defined as in the licence – is it 12 months?

It sounds like Shelter is right that they are within their rights to ask you to pay up to 14th but that means you have a right to occupy until the 14th too. So, you can leave on 3rd December if you choose to but you still need to pay rent to cover the full notice period. Or you can stay in the property until the end of the notice period. But it doesn’t look like you have the option to leave on the date you want to and also to recover the rent. 

If you want to get a legal opinion then see if you have a law centre local to you.


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