Claiming Back Rent Overpayment

dgh19

I have recently ended my tenancy where the terms state that rent is due every six months, however the tenancy periods are 'month-to-month'. I have adhered to the terms of the contract and given one month's notice, but this leaves three month's overpaid rent. Do I have any legal argument to claim back the overpaid rent?
Thanks for the help.

Comms69

Well yes, ofcourse you do.

But whether you get it back, either voluntarily, through the courts, or at all, is another matter. 

Whilst no doubt such agreements exist, it is strange.

saajan_12

dgh19 said:

I have recently ended my tenancy where the terms state that rent is due every six months, however the tenancy periods are 'month-to-month'. I have adhered to the terms of the contract and given one month's notice, but this leaves three month's overpaid rent. Do I have any legal argument to claim back the overpaid rent?
Thanks for the help.

Based on what you've said, yes. If you've properly ended the tenancy after 3 months and paid rent for 6 months then generally you get the remaining 3 months rent back. 
If you're unsure, please quote the relevant terms and dates of your tenancy (including start date, currently fixed term / periodic, terms on notice, terms on rent payment)

greatcrested

Provided your notice expired at the end of a 'period', you can claim back rent paid in advance for subsequent periods.

Write, requesting a refund, together with your deposit, the day following your move out (assuming you move out on the last day of course).

Any dispute over the deposit goes to the deposit scheme arbitrators.

Any dispute over the rent goes to the courts(who could deal with the deposit at the same time).

dgh19

saajan_12 said:

dgh19 said:

I have recently ended my tenancy where the terms state that rent is due every six months, however the tenancy periods are 'month-to-month'. I have adhered to the terms of the contract and given one month's notice, but this leaves three month's overpaid rent. Do I have any legal argument to claim back the overpaid rent?
Thanks for the help.

Based on what you've said, yes. If you've properly ended the tenancy after 3 months and paid rent for 6 months then generally you get the remaining 3 months rent back. 
If you're unsure, please quote the relevant terms and dates of your tenancy (including start date, currently fixed term / periodic, terms on notice, terms on rent payment)

Thanks for the quick response. 

The tenancy commenced on the 22 August 2019 and the fixed term ended on the 21 February 2020. From 22 February 2020 the tenancy became periodic and paid I for the six months in advance as per the agreement. I submitted my NTQ on the 25 March, which ended my tenancy on the 21 May 2020 ("In the case of a notice served by the Tenant, such notice should expire no less than one month after service of the same on the Landlord."). 

The terms of the agreement state:
Rent amount: £XXX (Monthly amount)

Rent due: the Commencement Date and then on each six month anniversary of the Commencement Date during the Term

Term: 6 months and thereafter from month to month

greatcrested said:

Provided your notice expired at the end of a 'period', you can claim back rent paid in advance for subsequent periods.

Write, requesting a refund, together with your deposit, the day following your move out (assuming you move out on the last day of course).

Any dispute over the deposit goes to the deposit scheme arbitrators.

Any dispute over the rent goes to the courts(who could deal with the deposit at the same time).

Thank you for the reply.
To add more detail, I have requested the repayment of the deposit and rent overpayment. No issues with the deposit, but the LL disagrees with the return of the overpayment.

greatcrested

Is he refusing to refund the full 3 months rent, or a lesser amount?

Has he given a reason?

Have you requested it in writing, specifying clearly the period being claimed and relating it clearly to your tenancy end date?

If so, the next step is a 'Letter Before Action', again laying out the amount claimed and why, and giving 14 days for payment else legal action will follow.

Depending on the relationship, you might want to try once more to resolve amicably eg by phone before the step above. Who knows? There may be a misunderstanding, on his side or yours, that a conversation would clear up.

dgh19

greatcrested said:

Is he refusing to refund the full 3 months rent, or a lesser amount?

Has he given a reason?

Have you requested it in writing, specifying clearly the period being claimed and relating it clearly to your tenancy end date?

If so, the next step is a 'Letter Before Action', again laying out the amount claimed and why, and giving 14 days for payment else legal action will follow.

Depending on the relationship, you might want to try once more to resolve amicable eg by phone before the step above.

Yes, I sent a formal correspondence to the landlord regarding the return of the deposit and the rent overpayment. He responded this morning stating that since I voluntarily ended my tenancy, he would not return any overpayment.

theartfullodger

Who gave notice to end the tenancy and how?  e.g. if landlord gave notice through an s21 notice and AST granted after 1st October 2015 then yes you are entitled to a refund. See

https://england.shelter.org.uk/legal/rents/introduction_to_rents/payment_of_rent#1

####

Apportionment of rent - where a tenancy ends mid-term

Rent to be paid in advance

It is a common law rule that rent to be paid in advance cannot be apportioned on a time basis, regardless of how the tenancy was ended, unless there is clear wording in the tenancy agreement that states otherwise.[4] As such where, for example, a monthly tenancy with rent to be paid in advance on the 1st of the month ends before the end of a period of the tenancy, the tenant will:

• not be entitled to a proportionate refund of rent paid in advance, and
• owe the full month's rent that fell payable on 1st.

This rule does not apply to assured shorthold tenancies granted on or after 1 October 2015 where the tenancy ends as a result of the service of a section 21 notice #####

Otherwise, surprisingly, no you are entitled to a refund: So if so, suggest you ask landlord very nicely & politely, perhaps going as far as starting court case.. (starting only.) : And I don;t say that because I am a landlord, but because you are in a very weak negotiating position. 

Good luck!

greatcrested

Letter Before Action.

Then Moneyclaim Online.

saajan_12

theartfullodger said:

Who gave notice to end the tenancy and how?  e.g. if landlord gave notice through an s21 notice and AST granted after 1st October 2015 then yes you are entitled to a refund. See

https://england.shelter.org.uk/legal/rents/introduction_to_rents/payment_of_rent#1

####

Apportionment of rent - where a tenancy ends mid-term

Rent to be paid in advance

It is a common law rule that rent to be paid in advance cannot be apportioned on a time basis, regardless of how the tenancy was ended, unless there is clear wording in the tenancy agreement that states otherwise.[4] As such where, for example, a monthly tenancy with rent to be paid in advance on the 1st of the month ends before the end of a period of the tenancy, the tenant will:

• not be entitled to a proportionate refund of rent paid in advance, and
• owe the full month's rent that fell payable on 1st.

This rule does not apply to assured shorthold tenancies granted on or after 1 October 2015 where the tenancy ends as a result of the service of a section 21 notice #####

Otherwise, surprisingly, no you are entitled to a refund: So if so, suggest you ask landlord very nicely & politely, perhaps going as far as starting court case.. (starting only.) : And I don;t say that because I am a landlord, but because you are in a very weak negotiating position. 

Good luck!

This is correct for partial tenancy periods, ie if a notice / break clause / mutual termination (other than via Section 21 as above), meant that the tenancy was properly terminated part way through a tenancy period then the rent for the final part month isn't apportioned.
eg if tenant served 1 calendar month notice on 25 March expiring 24 April (and this was valid per tenancy terms) then they would still OWE for the full 22Apr-21May period, not just for the 2 days. 

However that is not the case here - the tenancy is monthly and was terminated on 21 May, so rent is only OWED for the duration of the tenancy, ie 9 months from 22 Oct - 21 May. The 6 monthly payments only determine the form of payment, not what is owed.