Can I get a refund on 6 month advance rent before the 6 month period has begun?

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    Can I get a refund on 6 month advance rent before the 6 month period has begun?

    TLDR - we paid 6 months advance for the second half of our tenancy which begins in December 2021. We want to move elsewhere. Can we get a refund and get our advance rent back?


    Full story
    We moved into a flat in mid-June (2011). Being a freelancer at the time, I paid 6 months up-front to cover June 2021 to December 20212. The property management company hasn't been the best but the flat seemed like an okay make-do for the next 12 months.

    To Renew for the next months (December 2021 to June 2022), we had to pay the next advance in October 2021. This allows them time to get new tenants. We paid this up-front. Therefore we have paid all the rent for the remainder of our 12-month tenancy.

    But recently, we had some very unsavory, loud neighbours move in. My wife is now very uncomfortable living here now. They are young and loud and party till 8am. Suddenly the flat doesn't feel secure, and June 2022 is far away. The property company isn't doing much.

    We want to move out ASAP.

    What are our rights for requesting a refund for December 2021 - June 2022 advance rent we paid? We haven't entered this period. I would rather we get our refund and move.

    Can they refuse to refund us?

    #2
    Ignoring the various strange dates which we'll put down to "typos" - did you sign a new AST ?
    My views are my own - you may not agree with them. I tend say things as I see them and I don't do "political correctness". Just because we may not agree you can still buy me a pint lol

    Comment


      #3
      Originally posted by landlord-man View Post
      Ignoring the various strange dates which we'll put down to "typos" - did you sign a new AST ?
      My mistake! Yes, I do have an AST but it wasn't renewed after the 6 months. It is a 12 month one, which I got before agreeing to move in.

      Comment


        #4
        Is it a brand new AST that you signed?
        My views are my own - you may not agree with them. I tend say things as I see them and I don't do "political correctness". Just because we may not agree you can still buy me a pint lol

        Comment


          #5
          Not a brand new one. Same one as when I when moved in.

          Comment


            #6
            OK, Im gonna put this out there as another FAKER
            My views are my own - you may not agree with them. I tend say things as I see them and I don't do "political correctness". Just because we may not agree you can still buy me a pint lol

            Comment


              #7
              Sorry. I don't get what you mean by 'FAKER'. Care to elaborate?

              Comment


                #8
                Are you holding over under an expired tenancy or are you still in term? I dont think you have the right to a refund and you should get on to the environmental health dept of your local council and tell them you are being affected by noise nuisance. The Council have the right to raise fines against your neighbours. Some councils are better than others.

                You could try to scare your landlords into repaying you the rent by threatening a legal action arguing your human rights to peacefulness are being violated etc and breach of implied duty but I dont think you would necessarily succeed. Are your landlords also the landlords of the people who party till 8am? You could just try having a nice word with them.

                Comment


                  #9
                  You didn't renew anything in December, it was a 12 month AST. I presume that the 2nd installment of 6 months rent was detailed in the contract?

                  Putting aside the issue of a refund for one moment, how do you hope end the contract early?

                  Comment


                    #10
                    If the AST has a 12 month fixed or initial term and there's no break clause, you can only leave early with the landlord's agreement.
                    The landlord would be doing you a big favour and doesn't have to agree.
                    What the terms of that agreement might be with regard to the rent paid, would be a matter for negotiation.

                    If the landlord has the next six month's rent and a property with a loud neighbour, there doesn't seem much incentive for them to agree to what you want.

                    Talk to the neighbour or the council.
                    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


                      #11
                      Thanks, everyone for your help. Looks like I'm stuck, here with this property management company until June.

                      Not much I can do, this company is ruthless and are quite useless when it comes to helping people.

                      Comment


                        #12
                        jpkeates,

                        Since we spoke, I've the neighbour has woken us twice in the last 7 or so days at 4am with partying and bringing guests back.

                        There is a 6 month break clause in the 12 month contract. Not sure if that puts things in my favour legally?

                        Comment


                          #13
                          Apologies for disagreeing but you can leave any time you like eg right now. But under the contract you are still are liable for 12 months rent, and the tenancy continues.

                          Negotiate with landlord. He might agree a deal eg some money back if he can get new tenants.

                          A contract is a contract. Just as you have right to stay at least 12 months, landlord has right to at least 12 months rent.
                          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


                            #14
                            Originally posted by curious_one View Post


                            There is a 6 month break clause in the 12 month contract.
                            You could have led with that...

                            Yes if you break under the clause, the rent would be refundable from the point the tenancy ends (probably 2 months from now if you exercise today, but depends what it says in terms of notice).

                            Happy to be corrected (not a lawyer) but I can't see how rent can be retained when no longer due. Odd that a break clause would be used with rent in advance to be honest

                            Comment


                              #15
                              It can be difficult to get rent back, but when it's not due, the landlord isn't entitled to keep it.
                              So exercise the break clause and ask for your rent back.
                              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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