rent refund?

vindaloo101

Some advice please. My son was given notice 21 and advised of two months to vacate. He has found a new flat and wants to move asap. He has just paid this months rent which takes him up to 20th Feb. If he moves out on say 7th Feb is he entitled to refund of 13 days rent? Agent says he technically is liable for rent up until 20th March (2 months notice) but this seems grossly unfair seeing that the landlord has instigated the end of the tenancy.

Pixie5740

Yes he is liable for the rent up to 20th February as you deal with full rental periods and don't pro rata rent.

Rental overlaps is very common for tenants. That said, the landlord can't let anyone else rent the flat until 21st February.

bsms1147

Pixie5740 wrote: »

Yes he is liable for the rent up to 20th Februaryas you deal with full rental periods and don't pro rata rent.

Rental overlaps is very common for tenants. That said, the landlord can't let anyone else rent the flat until 21st February.

This, but March.

Pixie5740

Good point. I was thinking it was the tenant who served notice, not the LL.

Edit: Not that the LL's notice actually ends the tenancy but that's another matter.

vindaloo101

Thanks for responses although that's not what I wanted to hear. Presumably the only hope is that the landlord will agree to waive rent if he offers to vacate earlier.. He would be best staying in it but the new flat is available immediately and I would doubt the new landlord would wait. As I thought you are really penalised for being someone who can't afford ludicrous house prices..

Pixie5740

Your son can try and negotiate with the LL to see if the tenancy can be ended 20th February rather than 20th March. Has he actually signed anything or paid anything to the other LL?

That Section 21 is notice that your son's LL wants to get start the process of gaining possession of the property, it doesn't actually end the tenancy.

vindaloo101

No he hasn't paid anything yet but flats go really quickly in the area so doubt the LL will wait. Yes we are aware of the sec. 21 notice not ending the tenancy but were trying to do the decent thing and move out before being evicted. It is also stressful and he just wants to get settled again!

Pixie5740

He should just say to the LA that he's found somewhere else and will move in February if the LL agrees that he doesn't have to pay rent after 20th February. If they agree get it in writing. If they don't agree then he should just let this other flat go and find something else with a move in date in March.

Edit: Something has just occurred to me. What type of tenancy does your son have? Fixed term? SPT?

theEnd

Couldn't the tenant give 1 months notice at anytime?

vindaloo101

He is going to ask LL if they will end tenancy on 20 Feb or before if he finds somewhere. Reluctant to let new flat go as it is just what he needs and they don't come on that regularly in this area. Thanks

Pixie5740

theEnd wrote: »

Couldn't the tenant give 1 months notice at anytime?

No. A tenant can just move out at the end of a fixed term without any notice although it's polite to let the LL know in advance this is what you're doing.

If the OP's son has a SPT then he would have to have served notice before 21st January for the tenancy to end 20th February. You can't just serve notice to end a tenancy part way through a rental period. G_M has a post explaining this somewhere.