Landlord let new tennant move in but I am still paying the rent!

FTB123_2

My fiance and I moved house 4 months before our contract ended. The landlord wouldn't let us out of the contract early but said if we found a replacement tennant they would let us change contracts. We couldn't get anyone to take over the tenancy because the place is very small and expensive for what it is, and there are a lot of similar properties in the area for cheaper. We have paid rent until the end February. We went to pick up our post at the end of January and found it in the street(!) and the place was being redecorated with plastic all over the floor and paint tins everywhere, so we couldn't occupy it if we wanted to. We got a call from the landlord 2 days ago requesting that we urgently return our keys and they will send our deposit back. This seemed a bit odd because legally the property is ours until the end of the month. We went yesterday to take final meter readings and found that the place is filled with someone else's belongings. There's a bed (that looked slept-in), laptop, and a lot of other items. We phoned the landlord to ask what is going on, and he said that someone has moved their things in early but isn't paying rent until March 1st. He was very concerned that we quickly return our keys and said he would send our deposit out immediately if we return them now. We took them back because we want our deposit and it seemed wrong us having the keys to a place with someone else's things in, which may have been a mistake but we felt under pressure and a bit shocked. Does anyone know the legal situation here? It seems wrong that we have paid the rent but have no access to the property.

N79

FTB123 wrote: »

The landlord wouldn't let us out of the contract early but said if we found a replacement tennant they would let us change contracts.

Does anyone know the legal situation here? It seems wrong that we have paid the rent but have no access to the property.

It depends on the agreement with the LL.

Can you give some indication of the exact terms and the form (written, signed written, deed, oral etc) of your agreement with the LL at this point?

(Hint: We need to be sure that there was no implied surrender (or even an express surrender) of the tenancy - it would appear not from some of your statements but it would be good to check)

sequence

It doesn't really matter what the agreement was does it ? They've paid rent for a house they can't live in, the landlord should not be moving people in withought emptying the property first. Demand a refund for the last month at least.

What kind of crazy landlord is this!?

Colincbayley

You say the LL has let you out of the contract early ( i.e 4 months ) Did he charge you any premium for re-letting the property.

If not, it seems to me that you have been let off lightly and I really wouldn't lose any sleep over a few days extra rent paid.

He is offering you your full deposit back, take it and move on.

sequence

Colincbayley wrote: »

You say the LL has let you out of the contract early ( i.e 4 months ) Did he charge you any premium for re-letting the property.

If not, it seems to me that you have been let off lightly and I really wouldn't lose any sleep over a few days extra rent paid.

He is offering you your full deposit back, take it and move on.

The landlord wouldn't let them out of the contract and has charged them rent for thefull term ...... They haven't been let off lightly, more ripped off lightly

FTB123_2

It was a tenancy that we signed a written contract to saying that we were the tenants and would be responsible for the property and rent between the start date and the end of this month. We had been at the property about 2 and a half years, and kept signing new contracts extending the date. We told the landlord we had moved house, so I don't know if this would count as us surrendering the property? But the LL would not allow us to stop paying the rent until the end of our fixed term (end of the month). Really I think he should have charged the new tennant rent for this month as they have moved all their things in, but at the moment we are paying for someone else to occupy the place!

FTB123_2

Also, the contract with the tenancy dates is signed, all official etc, but we only told the LL we had moved over the phone. We asked them to do an inspection and tell us if we need to improve anything to get our deposit back, then they decorated the place and moved someone else in without telling us

FTB123_2

He didnt let us out of the contract early, we moved house 4 months ago. We did ask over the phone if we would be getting rent back for this month as someone else is there now but were told that we are not, because the new person isn't paying rent until 1st March..

Colincbayley

FTB123 wrote: »

He didnt let us out of the contract early, we moved house 4 months ago. We did ask over the phone if we would be getting rent back for this month as someone else is there now but were told that we are not, because the new person isn't paying rent until 1st March..

In which case, yes, it is only fair that re refunds that part of the rent to you. Send him a letter to request the same.

FTB123_2

The deposit is double a months rent because we had cats in the property, he said we are getting it all back so we thought best to wait and get that first? If we rock the boat now he might just find some excuses to take the refunded rent out of the deposit?

Colincbayley

FTB123 wrote: »

The deposit is double a months rent because we had cats in the property, he said we are getting it all back so we thought best to wait and get that first? If we rock the boat now he might just find some excuses to take the refunded rent out of the deposit?

Fair/valid point. Do that.