Repayment of surplus rent

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    Repayment of surplus rent

    Hi Folks

    I need your advice regarding a situation where you as a tenant has been served with valid section 21 notice and the letting agent working on behalf of landlord was fully agreed to repay the surplus rent if you will leave before the expiry of section 21 notice. After that negotiation you have left the property while having the surplus rent of equal to 10 days which now letting agent is not repaying and starts disappearing. What should be the course of action in this scenario where you only have the text messages as a proof from letting agent confirming the repayment of surplus of rent.

    #2
    Without seeing the email, it's not possible to say whether the email is a valid contract because there's special rules surrounding contract for surrender.

    In theory, there's s21C of the Housing Act 1988 with you arguing that the tenancy was bought to an end as a result of the LL's s21 notice, but let's just say the wording of that section leave something to be desired when it comes to applying it in the real world.
    I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

    I do not answer questions through private messages which should be posted publicly on the forum.

    Comment


      #3
      I have found following official quote:
      21C Repayment of rent where tenancy ends before end of a period


      (1)A tenant under an assured shorthold tenancy of a dwelling-house in England is entitled to a repayment of rent from the landlord where—

      (a)as a result of the service of a notice under section 21 the tenancy is brought to an end before the end of a period of the tenancy,

      (b)the tenant has paid rent in advance for that period, and

      (c)the tenant was not in occupation of the dwelling-house for one or more whole days of that period.

      (2)The amount of repayment to which a tenant is entitled under subsection (1) is to be calculated in accordance with the following formula—

      where—

      R is the rent paid for the final period;

      D is the number of whole days of the final period for which the tenant was not in occupation of the dwelling-house; and

      P is the number of whole days in that period.


      (3)If the repayment of rent described in subsections (1) and (2) has not been made when the court makes an order for possession under section 21, the court must order the landlord to repay the amount of rent to which the tenant is entitled.

      (4)Nothing in this section affects any other right of the tenant to a repayment of rent from the landlord.
      http://www.legislation.gov.uk/ukpga/1988/50/section/21C

      Comment


        #4
        What course of action should be started for recovering the rent from landlord?

        Comment


          #5
          I doubt the T was entiitled to any excess rent repayment.

          Comment


            #6
            But since the letting agent is now ignoring you so what process should be started?

            Comment


              #7
              Either follow the letting agent's complaints procedure or send a letter before action to the landlord and take action via the small claims courts if they don't pay.
              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).

              Comment


                #8
                Originally posted by mariner View Post
                I doubt the T was entiitled to any excess rent repayment.
                Depends on start date of last signed tenancy - see the experts here...
                https://england.shelter.org.uk/legal...hold_tenancy#2
                Rent repayment after expiry of section 21 notice - only applicable to tenancies started on or after 1 October 2015


                An assured shorthold tenant is entitled to a rent repayment from the landlord where:[7]
                • the tenancy was brought to an end following the service of a section 21 notice
                • s/he paid rent in advance, and;
                • the period of the tenancy for which rent was paid had not expired.

                The formula for calculating the repayment is R × D ÷ P, where:
                • R is the rent paid for the final period
                • D is the number of whole days of the final period for which the tenant was not in occupation of the dwelling-house
                • P is the number of whole days in that period.
                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...

                Comment


                  #9
                  They may be experts, but they're hardly disinterested and often, wrong.

                  Compare what they say - the tenant is entitled to a repayment "[where] ]the tenancy was brought to an end following the service of a section 21 notice"
                  with what the legislation actually says, which is that a tenant is entitled where,
                  "as a result of the service of a notice under section 21 the tenancy is brought to an end before the end of a period of the tenancy"

                  Those are very different things.
                  As a result of and after don't mean the same thing.
                  One's cause and effect and the other is just a sequence.

                  They also get the last one completely wrong (but I think are probably right about what the legislation itself gets wrong).

                  It's hard to comment on that particular piece of legislation because it's painfully badly written, and, in so far as I can work out what it's trying to do fails miserably.

                  The basic problem is that no one has ever seen a tenancy agreement that covers off a rent rebate and, while it's probably reasonable to assume that rent that isn't due shouldn't be kept by a landlord, it's hard for a tenant to persuade a landlord of that after the fact.



                  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).

                  Comment


                    #10
                    Letting agent is now verbally saying that he will pay the surplus rent but without making any practical effort. The situation is very sensitive now because I also don't want to resolve the matter unfriendly by using the formal way rather preferring to get it solved informally as during living he hasn't caused any problem. Is there any legal timescale within which the formal proceedings should be started to recover your surplus rent like in many small court claims there is probably 3 months limit.

                    Comment


                      #11
                      6 years, but the longer you wait the more likely you are to lose any evidence needed to make your case, lose track of the person you want to make the claim against etc.
                      I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

                      I do not answer questions through private messages which should be posted publicly on the forum.

                      Comment


                        #12
                        Today i came to know that the letting agent got some dispute with the landlord but not sure on what basis but he still keeps saying that he will repay me my surplus rent. Should the actual landlord be contacted who actually instructed the letting agent to serve the section 21 notice as she is willing to move back which i obeyed and left the property well in advance. Can the actual landlord be held responsible if the letting agent refuse to repay the surplus rent.

                        Comment


                          #13
                          The agent works for the landlord, and, as far as you are concerned, they are one and the same.
                          What the agent agrees, the landlord agrees.
                          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).

                          Comment


                            #14
                            Originally posted by jpkeates View Post
                            The agent works for the landlord,
                            It seems they don't anymore. The tenancy has ended and the ex landlord has moved into the property.
                            The agent is now making offers without authority (probably).

                            Comment


                              #15
                              Originally posted by boletus View Post
                              It seems they don't anymore. The tenancy has ended and the ex landlord has moved into the property.
                              The agent is now making offers without authority (probably).
                              The onus would be on the landlord to tell the tenant that the agent no longer represents them.
                              The tenant would reasonably expect the agent to be their point of contact for matters related to the tenancy, and so that would mean that the agency relationship exists.

                              Most letting agents continue to represent the landlord after a tenancy ends, so that doesn't seem unrealistic.
                              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).

                              Comment

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