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Landlord not repaying owed rent.

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Comments

  • Guest101
    Guest101 Posts: 15,764 Forumite
    MrJB wrote: »
    I based my statement on The Law Society guidance notes. Previous case law (Superstrike) suggests a new tenancy is formed when the fixed term expires and the tenancy becomes periodic.

    Base it on what u like, it's still not the case. The act is crystal clear
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    MrJB wrote: »

    I have zero intention of continuing this debate, and no doubt you're all vastly more knowledgeable than I on the subject!
    Pleased to hear it. We can move on to more sensible postings now.
  • MrJB wrote: »
    See Section 40 - Deregulation Act 2015. If the tenancy has moved to a periodic tenancy, the Landlord has a legal obligation to repay any rent if the tenancy is terminated before the end of a period. Ie if you are served notice part way through the tenancy in the form of a S21(1) that will lead you to a part month, then you're entitled to a pro-rata refund.

    That section is very badly worded and, frankly, an embarrassment to Parliament.

    At the moment no-one knows what it really means.

    An interpretation is that it applies only once a court order is issued since that is legally the only way a tenancy can end following a s.21 notice...

    In any case, as others have said this does not apply to you.
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