Rent Rebate to Tenant - My responsibility?

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    Rent Rebate to Tenant - My responsibility?

    Hello

    I was hoping you could advise me with the following situation.

    I own a property (England) that is let through a LA. A tenant moved in July 31 2009 and after the end of the 6 month contract it reverted to the rolling tenancy as standard.

    The tenant gave notice to move out at the end of the current rental period and the agents have been marketting the property since the tenant gave notice. After several viewings a new tenant has been arranged so their is no void period.

    The tenant actually said to the LA that they would move out of the property early (I think this was the most convenient time to move based on work committments as they usually work outside the UK). They have left the property today and the agents have arranged for the new tenant to move in on Friday.

    The tenant has asked if there is any possibility of having a partial rebate on the part of the month they are not using.

    Ideally I'd like not to have to give this but what is the position legally - is it stricly her flat to the end of the notice period or am I free to move a new tenant in after she vacates the property? If I said no to a partial rebate and she decided to be awkward could she insist on having access right up to to the end of the month?

    I think I've covered all the info needed but any more details that could make a difference ask away and I'll provide more details.

    Thanks

    #2
    legally you cannot accept rent from 2 people under different tenancies for the same dates.

    your current tenant (the one that moved out today) will be responsible for rent up to Thursday providing the new tenancy commences on friday.

    She could insist on staying there for the full period and she is quite within her rights to do so.

    She should pay for the time she is there. Please remember though that should you rebate her via the agency they need to clawback from you the amount they actually paid you as your payment was with commission deducted but the monies owed back to the tenant will be the full amount.

    Hope this helps

    Comment


      #3
      I think you know the answer really. You cannot rent the same property to two tenants at the same time.

      Your tenant sounds reasonable and if the new one moves in immediately you are in the lucky position of having no void months. I would ask the tenant to sign a deed of surrender, refund the unused rent to that date as a goodwill gesture and then get your new tenant in place asap.

      It would probably be best to allow a few days between them to enable you to titivate it if needed.
      I offer no guarantee that anything I say is correct. wysiwyg

      Comment


        #4
        You can't have your cake and eat it

        Originally posted by CheshireDave View Post

        The tenant has asked if there is any possibility of having a partial rebate on the part of the month they are not using.

        Ideally I'd like not to have to give this but what is the position legally - is it stricly her flat to the end of the notice period or am I free to move a new tenant in after she vacates the property? If I said no to a partial rebate and she decided to be awkward could she insist on having access right up to to the end of the month?
        Usually, rent paid in advance is not refundable, but equally, the tenant retains full rights for the period for which rent has been paid. In this situation, with a new tenant due to move in before the end of that period, you'd be insane to refuse a partial refund. Worst case scenario, exiting T could sue you for damages for illegal eviction.

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