Am I entitled to overpaid rent before the end of my tenancy? LL has new T coming in

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    Am I entitled to overpaid rent before the end of my tenancy? LL has new T coming in

    Hi all, Hope I am posting in the right place. Im a tenant in a bit of a situation.

    I have a "License for Shared Occupation of a Furnished House" valid from 06/11/17-10/02/18 at the moment. I gave my LL notice two weeks ago to say that I will not renew the contract and will move, maybe sooner.

    Last week I found a suitable place for me to move to, which wants me to start tenancy 13/1/18 (Saturday). Knowing that there is an overlap in tenancies with the new place, I let my landlord know I would like to find a suitable replacement for the room, in hopes that I can be reimbursed rent money pro-rata. I understand that this is 4 weeks from this date that my tenancy will end. Anyway, I approach him with suitable replacements yesterday (a couple) . He has written a new license agreement for them with tenancy starting 14/01/18 (this sunday). They have paid him a full month deposit to secure the room and will be paying him a full month's rent CASH at move in.

    Anyway, LL and I had an in person discussion yesterday about my rent being paid up until the 10th, and said, I'd like for the new tenants to just pay me the pro-rata amount up until the 10th, in which he says "its not my problem, you've decided to move early, you're not entitled to anything" and "its just business, i am not losing anything, but i can gain"
    My understanding is that I am entitled to some money back, as now he has made two overlapping tenancies for the same room.. in which he is getting near double rent.

    Anyway, the LL guy is dodgy. The license does not have his real name on it (which i found out later) and the license does not have his address (the license says he lives at this address, which he doesnt). He also says that he just manages the property for the owners, his "bosses".

    I do not know the owners names or addresses. He comes in every few days without notice for weird reasons. He smokes inside the house. He acts creepy with me and asks for "a kiss" or a hug, as I am a young woman. I stupidly signed this contract because I was very new to London renting and young, desperate for accommodation.

    I am not sure how to proceed. I have not surrendered my keys or moved any personal effects out of the room. The new T are coming Sunday. I might just have to cut my losses, but what is the best way of getting some money back? Should I refuse to move without proper reimbursement?

    Thanks in advance.

    #2
    Originally posted by biankie View Post
    .....I do not know the owners names or addresses. He comes in every few days without notice for weird reasons. He smokes inside the house. He acts creepy with me and asks for "a kiss" or a hug, as I am a young woman.......
    Sorry to read your story: He sounds a crook: He may not even own the place. The "license" is almost certainly a sham, not valid, and you actually have a normal tenancy.

    If you can spend £3 with land registry on deeds for the property, see what name & address is there for owner.
    https://www.gov.uk/search-property-i...-land-registry

    Tell him (don't ask him, tell him) to stop asking for kiss or hug. If he persists contact police, 101, report sexual harassment, get a crime reference number.

    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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      #3
      Thank you! I am going to see who the owners are. I think they are worth contacting. The property shows a Freehold and a Leasehold record.. not sure which one I should pay for?

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        #4
        Leasehold:
        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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          #5
          Did you pay a deposit?

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            #6
            If you pay rent in advance, unless the rental agreement has a mechanism for a rebate, there's unlikely to be any realistic way to get back "unused" rent.

            It depends on exactly how the contract is written, but I've never seen one that contains a viable mechanism for rent paid in advance to be refunded. It's simply not a concept thats explored.
            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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