Rent refund?

london79

Does anyone know the legal position in the following circumstances
I rented a flat on a 2 year AST which contained a break clause at 10 months.
I gave the required notice of 2 months after 10 months and moved out a few weeks after to a new place. I paid all 12 months of rent in full.
The agent informed me they had a new tenant moving in about 10 days before the end of my notice period. I said that's fine as long as you refund me for the 10 days' rent for the period that you are getting 'double bubble' after I returned the keys. They agreed to this on the phone and acknowledged receipt of an email where I asked for this. Last week, after the inventory check out was done, I returned the keys and the new tenants moved in the next day. The agent/landlord is now dragging their feet over a rent refund for those ten days.
Furthermore, they are dragging their feet a little over telling me how much of my deposit will be returned, although it's not been ten days just yet, The deposit was lodged with MyDeposits but they never actually sent me the prescribed information when they lodged the deposit, I had to chase it up at the end of the tenancy. There is space for landlord and tenant to sign on the certificate and this was never done. Thoughts?

G_M

Why oh why do people not get agreements confirmed in writing....!!

You can sue for the 10 days rent on the basis that they orally agreed to refund it.
"Oh no we didn't."
" Oh yes you did."

So it's down to who the court believes. You could also claim that the new tenants moving in confirms that an early surrender was agreed, but unfortunately rent is payable in periods which are indivisible. This was addressed by a recent change in the law but applies only where a landlord serves a S21 Notice to end a tenancy mid period.

(I'm about to fact-check this!!!)



If the PI was not provided within the required 30 days, you can claim the penalty of up to 3 times the deposit. You won't get the full 3 times, but you'll get 1 times at a guess.



edit:

Deregulation Act 2015 section 40:

40 Repayment of rent where tenancy ends before end of a period

After section 21B of the Housing Act 1988 insert—
“21CRepayment of rent where tenancy ends before end of a period

(1)A tenant under an assured shorthold tenancy of a dwelling-house in England is entitled to a repayment of rent from the landlord where—

(a)as a result of the service of a notice under section 21 the tenancy is brought to an end before the end of a period of the tenancy,

(b)the tenant has paid rent in advance for that period, and

(c)the tenant was not in occupation of the dwelling-house for one or more whole days of that period.

london79

Thanks for your swift and helpful reply.
They knew I had left the property and moved into a new place as I told them when they kept wanting to do viewings. They presented the new tenants moving in as a 'fait accompli', and informed me a few days before, which is when I said on the phone 'ok as long as you refund the 10 days' rent'..To which they said 'yes of course'.
Bearing in mind that the new tenants moved in a few days ago and my notice period does not end for a few days more, what would you seek from them in writing/what evidence would you gather now to assist me in the (hopefully unlikely) event that I ever have to take them to court?
I do have an email where I set out that the refund was agreed on the phone and a reply stating that they acknowledge receipt of the email! I just do not want to lose my money.
Equally I am not vindictive and would not waste time taking them to court because they didn't provide the PI -- I just want my deposit back and they are being especially vague and unhelpful. It's rather a worry.
Finally what is the formula used the calculate the rent they should pay me back -- I argued monthly rent X 12, then divided by 365 and multiplied by the number of days.

agrinnall

Reclaim the deposit from the scheme, forget about the rent (you were willing to forego this when you left so just stick to that now).

london79

hmmm...I have considered that, but then thought 'why should I forget about the rent'? It's a significant amount of cash. Isn't the legal position now that taking 'double' is illegal? They (the agents) actually asked me if I was willling for a new tenant to move in early, saying it would be 'better for me'..they also said they'd refund it......

G_M

As explained, rent periods are indivisible. You pay £X for a month. You don't pay £X/31 each day.

That's why the law was partially changed by the Act above - though it does not apply in this case.

london79

OK so, all things being equal, your advise is also to forget about it if they refuse to refund the rent? Do you think any action at small claims court would have a realistic prospect of success?

G_M

[QUOTE=london79;73021167Do_you_think_any_action_at_small_claims_court_would_have_a_realistic_prospect_of_success?[/QUOTE]
As explained, rent periods are indivisible.

The claim for late submission of PI is valid.