Am I right?

Trixybella8749

Hi everyone!

You were so helpful before I moved out I thought I'd ask again and see if you came up golden again!

So I moved out of my tenancy 2 weeks ago (15th July) with 2 weeks still to run on my notice period. Having gone back to the house today to pick up my post my housemate said that the landlord has moved someone into the room I vacated a week before the end of my notice period.

I vaguely remember reading somewhere that if there is an overlap in the tenancies I am entitled to the rent back that's left on the notice period. I can't for the life of me, however, remember where I read this or if I'm just imagining it!

So I'm throwing it over to you lovely people. I'm meeting the landlord at the weekend to get the deposit back so if I can go to him with this as well before that time (if I'm right of course) then I'd like to give him fair warning!

Any help appreciated!

Wee_Willy_Harris

Yes, yes you are.

Trixybella8749

Awesome! Now if anyone knows where I can find the legal stuff to back this up I'd be really grateful as he's likely to dispute the fact that he has to pay me this money!

I knew someone would know whether I was right or imagining it!

Wee_Willy_Harris

The nuts and bolts of it is the tenancy. A tenancy means you have "exclusive use" of the accommodation. Clearly, if someone else is living there as you describe, you no longer have exclusive use and you no longer have a tenancy. By the actions of the landlord, the tenancy surrender has been accepted. No tenancy, no rent liability.

That's the easy bit. Convincing the landlord is where the hard work starts!

clutton_2

the landlord is not entitled to get rent for the same room for the same period from 2 different people. How you will prove someone else is now living there and paying rent is the difficulty you will face.

G_M

Clearly getting sight of or better still a copy of the new occupants tenancy agreement, showing the date he moved in, would give you cast iron proof.

However you don't need this. Just write stating that as the LL has re-let the (room? property) as of (date new tenant moved in) you expect a refund of £X in rent.

Work out the amount based on your daily rate: monthly rent X 12 months / 365 days X number of days you claim.

Up your sleeve you also have the threat of 'unlawful eviction'. By entering your property and moving someone else in during your tenancy (as defined in your contract and by the rent you have paid) the LL has effectively evicted you, contrary to S1(2) Protection from Eviction Act 1977, (penalty - on summary conviction, to a fine not exceeding £400 or to imprisonment for a term not exceeding 6 months or to both).

may_fair

Trixybella8749 wrote: »

So I moved out of my tenancy 2 weeks ago (15th July) with 2 weeks still to run on my notice period. Having gone back to the house today to pick up my post my housemate said that the landlord has moved someone into the room I vacated a week before the end of my notice period.

I vaguely remember reading somewhere that if there is an overlap in the tenancies I am entitled to the rent back that's left on the notice period.

Generally speaking, rent which is paid in advance for a period is non-refundable.

may_fair

G_M wrote: »

Up your sleeve you also have the threat of 'unlawful eviction'. By entering your property and moving someone else in during your tenancy (as defined in your contract and by the rent you have paid) the LL has effectively evicted you, contrary to S1(2) Protection from Eviction Act 1977, (penalty - on summary conviction, to a fine not exceeding £400 or to imprisonment for a term not exceeding 6 months or to both).

And the LL will not be guilty under s.1(2) if he "proves that he believed, and had reasonable cause to believe, that the residential occupier had ceased to reside in the premises."

OP clearly states that she moved out two weeks ago, (and is presumably living elsewhere, and not on the streets).

I don't think it will help OP to allege that the LL has illegally evicted her.

Engeroosi

What difference does it make, you decided to move out early knowing you had to pay for the 2 weeks still. You served him notice.

G_M

Either the tenancy ran its course to the end and the OP was entitled to return, in which case there has been an illegal eviction.

Or the OP ended the tenancy early when he moved out, with the LL's agreement, thus allowing the LL to re-let the property. In which case there was a mutually agreed early surrender - in which case the rent is not payable and should be refunded.

may_fair

G_M wrote: »

Or the OP ended the tenancy early when he moved out, with the LL's agreement, thus allowing the LL to re-let the property. In which case there was a mutually agreed early surrender - in which case the rent is not payable and should be refunded.

No. Where rent is paid in advance for a particular period it is deemed to be applicable for any part of that period so that if the tenancy comes to an end during the period no refund is due.