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Wondering if I’m entitled to a refund for this short term let [Merged]

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  • Bookworm105
    Bookworm105 Posts: 2,016 Forumite
    1,000 Posts First Anniversary Name Dropper
    1122abc said:
    So you want to leave and get a refund but also don't want them to cancel the booking and get someone else in?
    Not looking for a refund. Just wondering if they can move someone else in/accept another booking for the month I’ve paid for when I haven’t asked to cancel the booking i.e. can they “kick” me out
    sounds like a misunderstanding. They have taken your comment to mean you are moving out and terminating your occupation

    obviously therefore they will be looking to re-let it 
    In law they cannot be paid for the same period twice but I cannot remember which exact law it is 
  • marcia_
    marcia_ Posts: 3,453 Forumite
    Sixth Anniversary 1,000 Posts Photogenic Name Dropper
    1122abc said:
    So you want to leave and get a refund but also don't want them to cancel the booking and get someone else in?
    Not looking for a refund. Just wondering if they can move someone else in/accept another booking for the month I’ve paid for when I haven’t asked to cancel the booking i.e. can they “kick” me out
    sounds like a misunderstanding. They have taken your comment to mean you are moving out and terminating your occupation

    obviously therefore they will be looking to re-let it 
    In law they cannot be paid for the same period twice but I cannot remember which exact law it is 
     There is no such Law
  • BarelySentientAI
    BarelySentientAI Posts: 2,448 Forumite
    1,000 Posts Name Dropper
    marcia_ said:
    1122abc said:
    So you want to leave and get a refund but also don't want them to cancel the booking and get someone else in?
    Not looking for a refund. Just wondering if they can move someone else in/accept another booking for the month I’ve paid for when I haven’t asked to cancel the booking i.e. can they “kick” me out
    sounds like a misunderstanding. They have taken your comment to mean you are moving out and terminating your occupation

    obviously therefore they will be looking to re-let it 
    In law they cannot be paid for the same period twice but I cannot remember which exact law it is 
     There is no such Law
    I think there is if rent is paid in arrears (i.e. after the stay) but not for rent paid up-front.  Although it's not really clear either way and doesn't get tested often.

    Derives from the Apportionment Act 1870.
  • Bookworm105
    Bookworm105 Posts: 2,016 Forumite
    1,000 Posts First Anniversary Name Dropper
    marcia_ said:
    1122abc said:
    So you want to leave and get a refund but also don't want them to cancel the booking and get someone else in?
    Not looking for a refund. Just wondering if they can move someone else in/accept another booking for the month I’ve paid for when I haven’t asked to cancel the booking i.e. can they “kick” me out
    sounds like a misunderstanding. They have taken your comment to mean you are moving out and terminating your occupation

    obviously therefore they will be looking to re-let it 
    In law they cannot be paid for the same period twice but I cannot remember which exact law it is 
     There is no such Law
    missed this comment last time but having seen it I feel the need to respond

    the matter of "overlapping" rent is covered by contract law, so there is no single piece of legislation that directly addresses it. However, the courts have established the concept of "surrender by operation of the law"

    what that means is where both T and LL mutually accept that the tenancy has ended and demonstrate that acceptance by their actions then the original tenancy has ended and with it has ended the obligation to pay rent.

    By reletting the property and allowing a new tenant to move in before the original end date, the LL has accepted surrender of the old lease and its termination. Charging the old tenant for rent once the new tenant moves in is a breach of contract law as the old contract has been terminated 

    Wallis v Hands 1893
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