tennant leaves early, wants partial refund for month

[JayZ]

I would appreciate any advice anyone has for me here. I am in the middle of a dispute where my tennant wants a partial refund as she has left half way through the month although agreeing a month's notice period.

Heres a brief list of events:

27th Aug - i gave tennant a moths notice as agreed at start of tennancy

29th aug - tennant asks to use her deposit to pay for notice period's rent. i say ok to keep the peace.

30th aug - tennant says she wants to leave on the 2nd sept and wants the notice period rent back, I say no as we have agreed a month notice and if she leave searly, its up to her.

1st sept - tennant now says she is leaving on the 8th sept and wants a refund for the rest of the month.

8th sept - tennant leaves and hands key back with letter saying this formally ends her tennancy.

Do i have to give the tennant a refund for her notice period rent even though she had agreed to stay for the notice period originally and i dont have anyone else in to cover rent until the end of the month which is when she is paid up until? I did have someone who could have come into the house but they have now paid a months rent and cant move in till end of the month.

regards,
Joe

[Planner]

Need to know;

- Was the tenancy still fixed (was this the end) or had it lapsed into periodic?
- had you served a section 21 at the start of the tenancy?
- what date did the tenancy start? - this will give the day notice should be given.
- What does the AST say about the notice the LL is required to give - im sure its normally 2 months?

[JayZ]

Need to know;

- Was the tenancy still fixed (was this the end) or had it lapsed into periodic?
- had you served a section 21 at the start of the tenancy?
- what date did the tenancy start? - this will give the day notice should be given.

- no contract was drawn up but no maximum or minimum stay specified, we agreed on month to month with each of us allowed to give a month notice at any time. Tennant is a friend of the family and all was agreed verbally. After 3weeks living with the tennant the house was a mess, rotting food left, breakages etc etc and notice served after repeated requests to clean up after herself. Tennant told why and accepted points made, agreed to notice period.

- written request to leave the house given to tennant including Name, Address, Date notice served, Date tennant to leave handed in person on 27th august.

- tennancy started on the 3rd August and notice served on 27th August with request to leave house on 3rd October.

thanks,
Joe

[Planner]

Do I take it you as the Landlord lived in the property with the tenant?

[jeffrey]

JayZ/Joe: unless you live at house, the letting is probably an Assured Shorthold Tenancy even though not written. L cannot use s.21 procedure to obtain possession by Court Order made effective within first six months, so T is at liberty to ignore your request AND the absence of a written Agreement deprives you of various possession grounds in Schedule 2- but T's misuse of house causing damage is one available ground for a s.8 Notice.

[JayZ]

JayZ/Joe: unless you live at house, the letting is probably an Assured Shorthold Tenancy even though not written. L cannot use s.21 procedure to obtain possession by Court Order made effective within first six months, so T is at liberty to ignore your request AND the absence of a written Agreement deprives you of various possession grounds in Schedule 2- but T's misuse of house causing damage is one available ground for a s.8 Notice.

Yes i live at the house too.

[jeffrey]

Yes i live at the house too.

So para. 10 in Schedule 1 to the Housing Act 1988 applies.
The letting is outside the Act's coverage, as you are a resident landlord (IF you have your only or principal home there).

[Planner]

Your tenant was an exluded occupier and not offered any protection under the various housing and rent acts.

There is no legislation out there to guide your decision, the only way any decision will be proved right or wrong will be in court.

Morally, I would take from the deposit a sum you see fit for cleaning/damages etc and return the rest. IMO its unfair to ask her to leave giving a months notice and then kicking up a fuss when she leaves in that month. Imagine the trouble it would have caused if she hadnt left!!

On the other hand, she did say she would leave at the end of the month and for you to use the depsoit to cover that months rent. If you have got someone else to share with you now then give her back the difference?

[JayZ]

Your tenant was an exluded occupier and not offered any protection under the various housing and rent acts.

There is no legislation out there to guide your decision, the only way any decision will be proved right or wrong will be in court.

Morally, I would take from the deposit a sum you see fit for cleaning/damages etc and return the rest. IMO its unfair to ask her to leave giving a months notice and then kicking up a fuss when she leaves in that month. Imagine the trouble it would have caused if she hadnt left!!

On the other hand, she did say she would leave at the end of the month and for you to use the depsoit to cover that months rent. If you have got someone else to share with you now then give her back the difference?

I am a very fair person but she agreed to stay for the notice period of a month and pay for it out of her deposit. The fact i let her use her deposit to pay the notice period shows this.
My new tennant could have moved in to cover T's final month if T had asked to leave early when i gave notice but after the T said she would stay, my new tennant paid a months rent where he is and moves in with me the 3rd of next month (when T's notice ends)

morally i cant see anything wrong with this, if she wants to leave earlier than orginally agreed, why should it cost me financially?

[Planner]

I am a very fair person but she agreed to stay for the notice period of a month and pay for it out of her deposit. The fact i let her use her deposit to pay the notice period shows this.
My new tennant could have moved in to cover T's final month if T had asked to leave early when i gave notice but after the T said she would stay, my new tennant paid a months rent where he is and moves in with me the 3rd of next month (when T's notice ends)

morally i cant see anything wrong with this, if she wants to leave earlier than orginally agreed, why should it cost me financially?

If the rent she paid every month covered her bills etc, then obviously they wont be as high now shes left and 'morally' i would be tempted to give elements such as that back. However the decision is ultimatley yours, you hold all the cards in this particular instance.

[Colincbayley]

I am a very fair person but she agreed to stay for the notice period of a month and pay for it out of her deposit. The fact i let her use her deposit to pay the notice period shows this.
My new tennant could have moved in to cover T's final month if T had asked to leave early when i gave notice but after the T said she would stay, my new tennant paid a months rent where he is and moves in with me the 3rd of next month (when T's notice ends)

morally i cant see anything wrong with this, if she wants to leave earlier than orginally agreed, why should it cost me financially?

I'd keep it, your tenant had already agreed to this, it is they who are now trying to move the goal posts.
I don't think it is an issue, morally or otherwise.

[JayZ]

If the rent she paid every month covered her bills etc, then obviously they wont be as high now shes left and 'morally' i would be tempted to give elements such as that back. However the decision is ultimatley yours, you hold all the cards in this particular instance.

I agree, she was paying £360 per calendar month rent bills inclusive so I will give her £50 back. Hadnt thought about that. On the other hand, that £50 could be compensation for 4 weeks of cleaning up after a slob but i wont go there I dont think she used much in the way of hot water, she rarely used the shower which explains the smell of cheese eminating from her room, which coiincidentally left the same time as her.

thanks for that point, appreciated.

[Planner]

Good for you Jayz. Your a better LL than many that post on here.

[JayZ]

Good for you Jayz. Your a better LL than many that post on here.

Just one more question, sorry.
If i do get taken to a small claims court over this and win the case, can i then sue for loss of earnings for time spent at court as i am self employed? It's not something i would do but could mention in the letter i intend to send T to discourage it happening in the first place.

thanks, really appreciate this help.

[Colincbayley]

Just one more question, sorry.
If i do get taken to a small claims court over this and win the case, can i then sue for loss of earnings for time spent at court as i am self employed? It's not something i would do but could mention in the letter i intend to send T to discourage it happening in the first place.

thanks, really appreciate this help.

Not via the small claims court you can't.
The only things you can claim, is your claim plus the court cost, nothing else.