Chances of being able to get back rent paid in advance after losing job

melb

hi there a friend signed a contract to rent a flat last month which will be available in July.  Because of their low salary (they have a good savings pot) they were asked to pay 4 months upfront which they did.
They have now been suddenly dismissed from their job. 
Does anyone have any views on what the chances would be of them being refunded the upfront rent so they can stay in their current (cheaper) accommodation. Yes I know they could ask the lettings agency direct but wondered if anyone else had been in this situation?  There are 4 months in which the agency can find new tenants and the rental market where they live is red hot ie hardly anything available to rent

bobster2

They paid 4 months rent in advance but the tenancy does not start until July??? Have they actually signed the tenancy agreement yet?

Schwarzwald

All depends on wording of the actual signed agreement i’d guess

maybe can ask for leniency to release and repay your friend’s money and release from the agreement if they can find a replacement tenant

melb

thanks for your replies.  yes they have signed the tenancy agreement, the flat is occupied until July 

melb

This Tenancy Agreement is agreed for a fixed term as dated in clause A2, therefore, it cannot be

ended early by the Tenant. The Tenant will remain liable for the rent and any other liabilities and

obligations under it for the full durations of the Tenancy Agreement. If the Tenant no longer requires

the Tenancy Agreement, then he/she must find a replacement (who is suitable to the landlord in its

sole discretion) to take over this Tenancy Agreement and in those circumstances, must pay a fee of

up to £50 for the landlord's reasonable costs incurred in respect of the variation, assignment or

novation of this Tenancy Agreement.

Sounds like there may be a 'get out' but don't know if this would also include repaying the 4 months paid in advance.  Plus how would you go about find a suitable replacement?

bobster2

I understand people sometimes pay rent in advance - but 4 months rent, 4 months before even moving in seems quite unusual.

_Penny_Dreadful

I agree with @bobster2, the whole thing sounds unusual. It’s very risky for the landlord to offer someone a tenancy agreement so far in advance. How does the landlord know the current tenants will really move out in time for your friend’s contract starting. Taking 4 months rent up front so far in advance also smells fishier than Billingsgate fish market. 

Your friends needs to approach the landlord and if the landlord agrees to release your friend from the contract on the proviso a replacement person can be found the landlord can only charge your friend rent up until the new contract starts so if a replacement can be found before July your friend should get the 4 months rent in advance back minus any early termination charges the landlord can legally charge. I think your friend’s biggest problem will be finding someone else willing to pay so much rent months in advance. 

deannagone

Is there absolutely no chance of your friend getting another job to enable them to pay the new rent?  They do have four months. Presumably they have some kind of holiday money from their ex employer or something to provide a temporary cushion (even savings) while they look for a new job?

But I agree with the other posters.  I'd be checking out the 'LL' to make sure they have the right to rent it. Just in case.

ArbitraryRandom

I'm not a legal expert, but that term seems quite clear and reasonable to me. 

Your friend no longer requires the tenancy. Therefore, if your friend can find a new tenant who is acceptable to the landlord, they would take over the tenancy and liability for the rent. 

A tenancy contract is a right to exclusive possession/use of a property as outlined in the contract. Your friend would be liable for the rent up until the day the new tenant became liable, but I don't see how the landlord would be able to keep the advanced rent beyond that point; if they did they would be 'selling' the same thing twice.

But it would (as that term suggests) be fair and reasonable for the landlord to expect your friend to cover the landlord's cost of any administration/ vetting required for the new tenant. And also remember your friend is liable for the utility costs (standing charges and the like) and council tax if the tenancy starts before a replacement tenant is found, even if they never move in. 

ArbitraryRandom

_Penny_Dreadful said:

I agree with @bobster2, the whole thing sounds unusual. It’s very risky for the landlord to offer someone a tenancy agreement so far in advance. How does the landlord know the current tenants will really move out in time for your friend’s contract starting. Taking 4 months rent up front so far in advance also smells fishier than Billingsgate fish market.

No idea of the situation here, but it's not that unusual if the landlord normally rents to students. July would be the end of the academic year; four months is until loans are paid in September then a month in hand. 

bobster2

ArbitraryRandom said:

_Penny_Dreadful said:

I agree with @bobster2, the whole thing sounds unusual. It’s very risky for the landlord to offer someone a tenancy agreement so far in advance. How does the landlord know the current tenants will really move out in time for your friend’s contract starting. Taking 4 months rent up front so far in advance also smells fishier than Billingsgate fish market.

No idea of the situation here, but it's not that unusual if the landlord normally rents to students. July would be the end of the academic year; four months is until loans are paid in September then a month in hand. 

Yes - but it seems the OP's friend may already have paid 4 months rent - for a flat that they are not going to move into until July. That is very unusual - to may so much 4-5 months before you can even move in.