PLEASE READ BEFORE POSTING
Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.My friend's tenancy problem
Options
greyville
Posts: 76 Forumite
My friend's house rental was due to expire on August 7.
The landlady said in writing it would be fine to end the tenancy on July 18 - so long as my friend paid rent up to August 7.
Her letter states: "Any overpayment of rent will be refunded when the tenancy ends. I can do a bank transfer the same day."
The landlady has since said in writing no rent is due to be refunded. My friend feels she is owed 20 days of rent.
Does my friend have any redress? Does the written assurance from the landlady override the contract?
The landlady said in writing it would be fine to end the tenancy on July 18 - so long as my friend paid rent up to August 7.
Her letter states: "Any overpayment of rent will be refunded when the tenancy ends. I can do a bank transfer the same day."
The landlady has since said in writing no rent is due to be refunded. My friend feels she is owed 20 days of rent.
Does my friend have any redress? Does the written assurance from the landlady override the contract?
0
Comments
-
What overpayment?0
-
The tenancy ended on 7th August so there is no overpayment.0
-
So the rent was due to Aug 7th, and she paid to 7th August. The fact that she has left early doesn't make it an overpayment as rent was due to the 7th.
If she had paid to the 10th August, there would be an overpayment.
However, I suspect your friend is assuming that because she has it in writing that any overpayment will be refunded she has assumed that that would be the money from 18th July to 7th August. The drawback was that was the money that was contractually due so its not an overpayment.
Personally I suspect the landlord is trying it on. Did she rent the house to anyone else between, 18 Jul and 7th Aug. If she did, then you qualify for a refund without doubt for the days rented. For a fuller answer would need to know.
Start date of the tenancy?
The end date on the agreement?
When did your friend give notice?0 -
Not necessarily.So the rent was due to Aug 7th, so the fact that she has left early doesn't make it an overpayment.
If she had paid to the 10th August, there would be an overpayment.
However, I suspect your friend is assuming that because she has it in writing that any overpayment will be refunded she has assumed that that would be the money from 18th July to 7th August. The drawback was that was the money that was contractually due so its not an overpayment.
Personally I suspect the landlord is trying it on. Did she rent the house to anyone else between, 18 Jul and 7th Aug. If she did, then you qualify for a refund without doubt for the days rented.
An early surrender can come with any terms the LL likes. Including a payment of £x amount.0 -
My friend interpreted the wording of the landlady's email to mean 'if you leave three weeks early, pay me four weeks and I'll refund you three weeks'.
The wording of the letter suggests the landlady would refund my friend, but could it be that she's just been very clever with the wording?0 -
Does any of that actually make sense when you read it back...My friend interpreted the wording of the landlady's email to mean 'if you leave three weeks early, pay me four weeks and I'll refund you three weeks'.
The wording of the letter suggests the landlady would refund my friend, but could it be that she's just been very clever with the wording?
Come on, if you think it does - you shouldn't be advising your friend.0 -
My friend's house rental was due to expire on August 7.
The landlady said in writing it would be fine to end the tenancy on July 18 - so long as my friend paid rent up to August 7.
Her letter states: "Any overpayment of rent will be refunded when the tenancy ends. I can do a bank transfer the same day."
The landlady has since said in writing no rent is due to be refunded. My friend feels she is owed 20 days of rent.
Does my friend have any redress? Does the written assurance from the landlady override the contract?
Not sure where the confusion is.
I mean the email is totally pointless as it makes no changes to anything, as the landlady cant stop anyone leaving, and I am not sure to what benefit an early tenancy 'end date' makes, but there is no indication in that email that she didnt want the full rent paying.0 -
Does any of that actually make sense when you read it back...
Come on, if you think it does - you shouldn't be advising your friend.
Let me simplify:
August 7 - day tenancy was due to end
July 18 - day she moved out.
August 7 - day rent was paid up to
There are 20 days between July 18 and August 7. My friend feels she's due a rent refund for those days.0 -
marliepanda wrote: »Not sure where the confusion is.
I mean the email is totally pointless as it makes no changes to anything, as the landlady cant stop anyone leaving, and I am not sure to what benefit an early tenancy 'end date' makes, but there is no indication in that email that she didnt want the full rent paying.
Another quote from the letter:
"I'm happy to let the lettings agency know the apartment is available. If it's then rented, I'm happy to save you additional costs."
The new tenancy began the day after my friend left...at the point she was still paying rent for.0
This discussion has been closed.
Categories
- All Categories
- 343.3K Banking & Borrowing
- 250.1K Reduce Debt & Boost Income
- 449.7K Spending & Discounts
- 235.3K Work, Benefits & Business
- 608.1K Mortgages, Homes & Bills
- 173.1K Life & Family
- 248K Travel & Transport
- 1.5M Hobbies & Leisure
- 15.9K Discuss & Feedback
- 15.1K Coronavirus Support Boards