Moved out a week early - can I get 1 week's rent back?

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  • Moved out a week early - can I get 1 week's rent back?

    Hi All,
    Just wanted your opinion on this matter, as I'm not sure where I stand (legally). I have just moved out of a house that myself and two friends rented for around a year and a half, with no problems whatsoever.
    The housing agents (a large chain) then gave us two months notice to move out as the Landlady wanted the house back (I think her husband had died and she had wanted to 'get away' for a while).This was fine by us and we found a new (nicer) place to rent within about a month.
    The move happened three weeks later, we had already notified the housing agent of this via telephone, and everything went smoothly.
    When it came to sorting out the inventory & deposit there were no real problems with this either, apart from it took several weeks and several phonecalls to 'speed it along'.
    We then asked the agent to return to us the rent for the one week that we had overpaid (as we had paid in full for the final month) but were informed that they would not be returning it to us. We live in London and so pay £1668 a month between us, which works out to around £385 per week. This is quite a bit of money to us and so you can see why we were annoyed that they said that they were entitled to keep this money.
    Can anyone advise me on if what the housing agent is doing is allowed by law (if so, what law?) or if the best bet is to investigate taking this matter to the small claims court as we feel that the agent is trying to rip us off.
    I would be interested to hear your opinions about this situation, as I would prefer to have the £385 back and not in some company's pockets!
    Thanks in advance for your help!

  • #2
    Sorry but legally you are still required to give 1 month's notice and therefore they can deduct the week's rental.


    • #3
      Not so sure Andy! If I have interpreted the writings of Paul F correctly, once a landlord has given a tenant due notice, then the tenant can move out at any time before the notice period expires and only be liable for the rent due while they continue to occupy the property.
      A landlord cannot say that I want my property back on this day and you will pay rent until this day. He can only say "I want my property back on or before this day". Once such notice is served, the tenant can move out at any time they wish and only be liable to pay rent until this point - provided of course that they have advised the landlord of their actions.

      Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.


      • #4
        Yea I think we had a thread about this recently

        Or was it the quiz??

        Once NTQ is given the tenant can move out earlier


        • #5
          Here it is from the quiz, question 2:

          Landlord gives tenant 2 months notice on periodic AST, and tenant moves out 7 days later saying he doesn't need to pay anymore rent afterwards. Is he entitled to do this?

          Yes! because the landlord is saying he wants his property back, not necessarily in two months, but he can't ask for it back any sooner by constraint of law!


          • #6
            Originally posted by andyk
            Sorry but legally you are still required to give 1 month's notice and therefore they can deduct the week's rental.
            Er! No you're wrong! Thanks to subsequent posters they have given the correct advice.
            The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.


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