Does an evicted tennant have to pay a full months rent when evicted mid term?

[Deleted User]

An eviction can only take place through the courts, an S21 is a notice of intent, although most tenants will move out by the time the notice expires they have no obligation to do so.

A landlord must provide at least 2 full rental periods of notice when issuing an S21. If a tenancy start date is the 1st of the month, an S21 issued on the 15th of January can only expire on or after April 1st.

A landlord could hypothetically serve notice set to expire mid tenancy period and a tenant could hypothetically choose to leave in the middle of the month, thereby losing out on rent, however a tenant has every right to remain in the property and I assume any tenant would leave before the final period started.

What I guess it would come down to is if the tenant remains in the property into the tenancy period that runs through the notice expiry date, would a court evict them fast enough for there to be any "left over" rent? I can't imagine so and I think if it was obvious to a court that the landlord is doing some sort of dodgy notice date to encourage the tenants to be liable for more rent they would align the eviction date with the end of the rent period... that said it's just a guess.

silvercar

goonarmy wrote: »

But the LL has no legal reason to agree to it, morals aside?

But the tenants could then refuse to leave (or at least give up the tenancy) until the end of the period for which they have already paid rent.

goonarmy

silvercar wrote: »

But the tenants could then refuse to leave (or at least give up the tenancy) until the end of the period for which they have already paid rent.

Makes sense. Theyve paid so "should" be entitled to it.

goonarmy

citricsquid wrote: »

An eviction can only take place through the courts, an S21 is a notice of intent, although most tenants will move out by the time the notice expires they have no obligation to do so.

A landlord must provide at least 2 full rental periods of notice when issuing an S21. If a tenancy start date is the 1st of the month, an S21 issued on the 15th of January can only expire on or after April 1st.

A landlord could hypothetically serve notice set to expire mid tenancy period and a tenant could hypothetically choose to leave in the middle of the month, thereby losing out on rent, however a tenant has every right to remain in the property and I assume any tenant would leave before the final period started.

What I guess it would come down to is if the tenant remains in the property into the tenancy period that runs through the notice expiry date, would a court evict them fast enough for there to be any "left over" rent? I can't imagine so and I think if it was obvious to a court that the landlord is doing some sort of dodgy notice date to encourage the tenants to be liable for more rent they would align the eviction date with the end of the rent period... that said it's just a guess.

So just the last paragraph refering to an actual forced eviction is a guess?the rest makes sense and stands to reason but thats not the same as legally sound. The first couple of paragraphs you know to be fact?
Useful post, thanks.

agrinnall

I can only see this thread going the same way as the first one, your wilful refusal to comprehend that 'eviction' has a specific meaning, which appears to not be the correct term in this case, is what causes the confused responses.

goonarmy

agrinnall wrote: »

I can only see this thread going the same way as the first one, your wilful refusal to comprehend that 'eviction' has a specific meaning, which appears to not be the correct term in this case, is what causes the confused responses.

Dont confuse your self with irrelevant details, if you have an answer in general terms I will gladly hear it.

silvercar

agrinnall wrote: »

I can only see this thread going the same way as the first one, your wilful refusal to comprehend that 'eviction' has a specific meaning, which appears to not be the correct term in this case, is what causes the confused responses.

I'm assuming that the wiki definition holds:

Eviction is the removal of a tenant from rental property by the landlord. In some jurisdictions it may also involve the removal of persons from premises that were foreclosed by a mortgagee (often, the prior owners who defaulted on a mortgage).

gordonbennet

goonarmy wrote: »

But the LL has no legal reason to agree to it, morals aside?

Correct, because payment of the rent at the beginning of that month was a reasonable indication that the tenant intended to to stay the full month. Anything less can only really happen by mutual negotiation and agreement.

goonarmy

silvercar wrote: »

I'm assuming that the wiki definition holds:

From thats discription I will say that is the case in point.

silvercar

goonarmy wrote: »

From thats discription I will say that is the case in point.

So are you are asking:

a) If a tenant is evicted by the landlord mid rental period, are they entitled to any advance rental paid refunded for the time between the eviction date and the end of that rental period

or

b) (if the tenant owes rent) do they only have to pay up to the date of the eviction or do they have to pay for the whole of the rental period that included the date of eviction

or

c) if they are evicted mid rental period do they have to pay any rent for that rental period.