rent help needed.

thriftymum1

Hi, I don't know if anybody will be able to help me but anybody who can, I'd be really grateful 😃.

I recently moved house and the tenancy from my old property ran out on 19th Jan which is when I paid my rent until. We had moved already though so I returned my keys on 13th Jan. I telephoned the letting agent on 15th Jan to ask for the final water meter reading as I had forgotten to take it when I left, she told me that tye new tenants were moving in that day & she would go & take the reading when she met them there!

So the new tenants started paying rent from & moved in on 15th Jan, would I be entitled to a refund of my rent for the 4 days that overlapped?

I spoke to a gentleman from the letting agents who said that if a new tenant moved in before the end of my agreement then I may be owed a refund but when I spoke to the lady on the 15th she said I wasn't entitled to anything.

Seems a bit unfair that they get 2 lots of rent for that period.

Thanks in advance 😃

Pixie5740

Your LL shouldn't receive rent for the same period from two sets of tenants. So yes they should refund this money to you.

G_M

Pixie5740 wrote: »

Your LL shouldn't receive rent for the same period from two sets of tenants. So yes they should refund this money to you.

Not quite so clear-cut...

Did you make it clear that when you returned the keys on 13th you were offering to surrender the tenancy early?
If yes, did the landlord/agent accept your offer?
If yes, then the tenancy ended on 13th.
However, rent is still payable for full periods (ie till the 19th) unless agreed otherwise. Did you discuss/agree pro-rata payment of rent?

If, on the other hand, the tenancy did not end on 13th - ie you simply returned the keys for convenience but remained the legal tenant till 19th - then by allowing another tenant in on 15th the landlord/agent was illegally evicting you.

Trying to get a conviction for illegal eviction will be hard. Police will not be interested, and even the council Tenancy Officer will be reluctant, given the full circumstances. They are overstretched, and more concerned with LLs who throw helpless, homeless tenants out onto the streets....

And a successful conviction under Protection from Eviction Act 1977 results in

a fine not exceeding £400 or to imprisonment for a term not exceeding 6 months or to both;

not repayment of rent.

To get damages/your rent back, you'd have to sue under the Housing Act 1988 S27 & 28

an even then the LL could use S 28 (3b):

A person shall not be guilty of an offence under subsection (3A) above if he proves that he had reasonable grounds for doing the acts or withdrawing or withholding the services in question.

McKneff

You chose to move out early.....


Do you know for definite that the new people started paying rent from the moment they moved in.Is i


The LL may have just given them a few days grace to get sorted.


Is it really worth the hassle and stress for a few quid. Just move on.....

fishpond

thriftymum1 wrote: »

Hi, I don't know if anybody will be able to help me but anybody who can, I'd be really grateful 😃.

I recently moved house and the tenancy from my old property ran out on 19th Jan which is when I paid my rent until. We had moved already though so I returned my keys on 13th Jan. I telephoned the letting agent on 15th Jan to ask for the final water meter reading as I had forgotten to take it when I left, she told me that tye new tenants were moving in that day & she would go & take the reading when she met them there!

So the new tenants started paying rent from & moved in on 15th Jan, would I be entitled to a refund of my rent for the 4 days that overlapped?

I spoke to a gentleman from the letting agents who said that if a new tenant moved in before the end of my agreement then I may be owed a refund but when I spoke to the lady on the 15th she said I wasn't entitled to anything.

Seems a bit unfair that they get 2 lots of rent for that period.

Thanks in advance 😃

How much money are you talking about ?

thriftymum1

It's only about £100 but as I'm a mother of a young child, on a tight budget who is currently setting up my own business, then if I were to be entitled to it back, I would definitely pursue it. I wouldn't be about to start any kind of legal battle with the landlord or letting agent. I know they started paying rent from the day they moved in because the letting agent who manages the property would not give the keys until the start date of the tenancy agreement and until the deposit & 1st month rent was with them as cleared funds.

It's not a massive issue though, it was more of a "I wonder if...." "better in my pocket than theirs" kind of a thing. I didn't think (if they were supposed to give me some rent back) that they would advertise the fact so just thought I'd ask here too.

And I chose to move out early because I was burgled (but yes, I openly admit & accept that it was my choice & I am responsible for my rent until the end of my tenancy). £100 might be a few quid to some, for me it's a months worth of food for my family ��

Thankyou all for your replies xx

G_M

thriftymum1 wrote: »

....... I wouldn't be about to start any kind of legal battle with the landlord or letting agent. I know they started paying rent from the day they moved in

Then ask the landlord/agent for a repayment pro-rata for the period 15th to 19th.

They will either say yes, and you'll be £100 better off, or they'll say no, and you can walk away.