Partial refund for last month's rent

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  • baker1994
    started a topic Partial refund for last month's rent

    Partial refund for last month's rent

    Hi,

    So my notice is 1 month and I handed it in on the 22nd of September and I paid for another month's rent on the 23rd of September.
    I've already vacated the property and my landlord has found someone who wants to move in Friday.
    I've asked her if I am able to get a partial refund if this person moves in on Friday because that would mean I can't physically live in the property for the duration and she will be getting the months rent from the new tenant... She has not replied.
    Am I entitled to a partial refund or not and if not can I refuse to allow the new person to move in until the end of my tenancy?

  • KTC
    replied
    Originally posted by jpkeates View Post
    The lack of prosecution is an implicit "defence".
    Not really since the burden of proof in civil case is lower than criminal one, and it's always open to the complainant to sue for damages even if a criminal prosecution is bought and the accused was found not guilty. Yes, it is obviously much easier if there's a criminal conviction since the civil court would be bound by that earlier decision.

    Anyway, I think we're moving off topic quickly so I'll stop here.

    Leave a comment:


  • jpkeates
    replied
    Originally posted by KTC View Post
    Local authority is the prosecution authority for illegal eviction. It doesn't happen much because the penalty for a criminal prosecution is typically a tiny fine. Councils are spending their limited resources going after landlords using different powers instead that may actually hurt. (One recently managed to take away a harassing landlord/agent's taxi cab licence.)
    We must read the same blogs!
    My point is that the illegal eviction is usually part of a whole series of bad things done by the landlord. Retaking control of a property you (reasonably) think has been abandoned (even if you turn out to be wrong) isn't the same as locking someone out of their home while they're out and chucking out their possessions. That latter case is likely to be successful, so the council would be likely to get their costs covered at least.

    You are talking about the criminal offence, it's also possible for the tenant to sue for civil damages. That's much more common. And illegal eviction also now give rise to liability to rent repayment order.
    That's going to be interesting going forward. The issue with claims for civil damages is that they're nice and simple following on from a criminal prosecutions and much more tricky when they don't. The lack of prosecution is an implicit "defence".

    Leave a comment:


  • KTC
    replied
    Originally posted by jpkeates View Post
    It requires a local authority (or, theoretically, the police) raising the case in a magistrates court, and it seems to be costly and complex and doesn't actually happen.
    Local authority is the prosecution authority for illegal eviction. It doesn't happen much because the penalty for a criminal prosecution is typically a tiny fine. Councils are spending their limited resources going after landlords using different powers instead that may actually hurt. (One recently managed to take away a harassing landlord/agent's taxi cab licence.)

    You are talking about the criminal offence, it's also possible for the tenant to sue for civil damages. That's much more common. And illegal eviction also now give rise to liability to rent repayment order.

    Leave a comment:


  • jpkeates
    replied
    Originally posted by MdeB View Post
    Illegal eviction?
    I am in contact with a lot of landlords and tenants.
    I've never encountered anyone where that has ever actually materialised.
    Hence my comment "in reality".
    It requires a local authority (or, theoretically, the police) raising the case in a magistrates court, and it seems to be costly and complex and doesn't actually happen.

    Cases are reported in the media and blogs from time to time, but they're extreme and rre cases.
    To be honest, the level at which these cases would be heard may be what makes them invisible, they'd not be reported as a matter of course.

    I have been told (on here) that it's possible for a private individual to raise a case in a magistrates court, but have never heard of that happening.

    Leave a comment:


  • MdeB
    replied
    Originally posted by jpkeates View Post
    Just as a "for the avoidance of doubt", if the landlord uses their own key or changes the locks, there's not a lot you can do in reality.
    Illegal eviction?

    Leave a comment:


  • jpkeates
    replied
    Originally posted by baker1994 View Post
    Where do I say she has control of the property? I'm still the registered tenant until the 22nd October and have the keys. I''m holding onto them until we come to an agreement.
    Apologies, you said you'd vacated.

    You are in a much stronger position than I thought, then.
    The landlord can't let the property before your tenancy ends without your agreement.

    Just as a "for the avoidance of doubt", if the landlord uses their own key or changes the locks, there's not a lot you can do in reality.

    Leave a comment:


  • baker1994
    replied
    jpkeates,

    Where do I say she has control of the property? I'm still the registered tenant until the 22nd October and have the keys. I''m holding onto them until we come to an agreement.

    Leave a comment:


  • jpkeates
    replied
    If the landlord has control of the property, the tenancy has ended.
    There's almost certainly no provision in the tenancy agreement to refund rent paid in advance in that situation.
    So you're probably stuck if the landlord doesn't co-operate.

    However, the landlord may not realise that, and most people would presume that a rebate would be due (particularly if the property is being re-rented).

    The landlord may not have realised the tenancy has ended.

    Leave a comment:


  • baker1994
    replied
    Originally posted by mariner View Post
    OP, please complete & paste https://forums.landlordzone.co.uk/fo...ll-new-posters for this Tenancy.
    Q1 – Where is the rented property located (England / Wales / Scotland / N Ireland)?
    England

    Q2 – What type of Tenancy Agreement (TA) is this e.g. sole tenant / multiple tenant / room only?
    Sole

    Q3 – What date did current TA start dd/mm/yy?
    23/02/2018

    Q4 – How long was initial fixed term (6/12/24 months / other)?
    6 month, then onto a monthly notice period

    Q5 – Does the TA state that rent is due weekly? / 4-weekly? / per calendar month (if so, on what same date each month)?
    Monthly 22nd

    Q6 – Did the TA require a tenant damage deposit to be paid? If so, on what date was this paid (dd/mm/yy)?
    No

    Q7 – If your query relates to a notice for repossession from the landlord (a Section 8 or Section 21 notice) or a tenants's notice to quit to the landlord, please provide the exact date the notice was sent/received (dd/mm/yy).
    22/09/2018

    Q8 – Does the landlord live in the same property as the tenant?
    No

    Leave a comment:


  • baker1994
    replied
    Originally posted by boletus View Post

    Why did you give notice at the last possible minute (so to speak)?
    What do you mean? I didn't. I gave notice and vacated the same day because that's when I got the keys for my bought house. I paid for the next full months rent.

    Leave a comment:


  • mariner
    replied
    OP, please complete & paste https://forums.landlordzone.co.uk/fo...ll-new-posters for this Tenancy.

    Leave a comment:


  • boletus
    replied
    Originally posted by baker1994 View Post
    Hi,
    So my notice is 1 month and I handed it in on the 22nd of September and I paid for another month's rent on the 23rd of September.
    Why did you give notice at the last possible minute (so to speak)?

    Leave a comment:


  • KTC
    replied
    You're not entitled to any pro-rate refund for prepaid rent. You can refuse to give up possession before the tenancy end date by the notice to quit. The LL ought to agree something sensible.

    Leave a comment:


  • ash72
    replied
    If you have paid for the month then the property is yours where or not you reside there or not. If the LL has got a new tenant, then they shouldn't let them move in without you first vacating the property. If you both come to an solution then the LL should give back your rent for the duration, this is what I would do - especially if there was no issues and both parties happy.

    Leave a comment:

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