Overpaid Rent

rusty-london

When we moved out of our previous rented property, we vacated a couple of days earlier than when we had paid rent up to, as agreed with the letting agents and the landlord.
We received our deposit back as expected with no deductions but we were not refunded the overpaid rent. The new tenant moved in the day after we moved out and paid extra rent for these few days so therefore the landlord has been paid double rent for the extra days.

We've contacted the letting agency about it but they told us that we need to take it up with the landlord and that it's not their responsibility.

Surely as the letting agent collects the rent and passes it on to the landlord, it's down to them to make sure we get our refund?

Any ideas?

clutton_2

what date did you sign your tenancy agreement ? and what date did the LA agree you could move out ?

rusty-london

From memory, the agreement was signed in February 2008 and extended in February 2009 for another year. The agreed date to move out was 27th September but the rent was paid up until the 30th.

clutton_2

the LL has allowed you to surrender the tenancy early - as you have signed to accept responsibility until Feb 2010. He did not have to do this.

He is legally entitled to ask you to pay for advertising costs to find a new tenant.

If he has not done so, then i suggest you let it drop and accept that the 4 days rent probably equates to his legally acceptable losses.

The fact that you chose to move early, is not the landlord's responsibility.

If he got a new tenant in soon - that is not your business.

rusty-london

I understand that but his fees were deducted from the returned deposit so there is no grounds for him to keep extra rent which has been paid by both ourselves and the new tenants.

clutton_2

you are legally obliged to pay rent till he finds a new tenant.

he is allowed to make you pay his costs for finding a new tenant.

did he itemise these and how much were they ?

BitterAndTwisted

Even if the rent was £500 a week, the amount you're quibbling over is not an unreasonable deduction in the great scheme of things. It would be quite reasonable to expect the landlord's costs in finding a new tenant to be in the same ball-park, so I think you've got off very lightly indeed considering the landlord has released you from your fixed term.

Accept the deduction and move on, I say.