Tenant handed in notice but wants rent refund?

by Readers Question

13:55 PM, 20th February 2020
About 10 months ago

Tenant handed in notice but wants rent refund?

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Tenant handed in notice but wants rent refund?

My live in tenants break clause occurs on the 21st of march 2020, he served 1 month notice 5 days early on the 16th Feb (in writing), stating that he wants to move out on the 16th of March. Although slightly disappointed, we accepted the notice and began our hunt for a new tenant.

We eventually found a new tenant and agreed to start her tenancy on the 16th of March (our current tenants moving out day). Our current tenant was happy we found someone, however quickly realised that he could make a quick buck and stated “although I’ve stated I’m moving out on the 16th of March, my tenancy doesn’t end until the 21st, therefore you owe me back 1 weeks rent”.

Obviously what he has done is very disingenuous, however is he legally in the right?

Many thanks

Landlord10


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Comments

Rob Crawford

14:23 PM, 20th February 2020
About 10 months ago

My thoughts are that there should not be an overlap in rent, as such he is entitled to that refund from when the new tenant starts paying. Whether you could charge costs is debatable and will depend on what is stated in the AST and Tenant Fees Act.

Ian Narbeth

14:38 PM, 20th February 2020
About 10 months ago

If you have charged him up until 21st you should refund the 5 days rent.

Julie Ford

16:55 PM, 20th February 2020
About 10 months ago

Reply to the comment left by Rob Crawford at 20/02/2020 - 14:23
Live in tenant, so can’t be AST, Tenant Fee Ban doesn’t apply here

Jay James

17:45 PM, 20th February 2020
About 9 months ago

Assuming that 'live in tenant' means the same as 'resident landlord', and going by previous experts on this site, Julie Ford is quite right. This is even if there is a written contract headed 'AST'.

Jay James

17:46 PM, 20th February 2020
About 9 months ago

Reply to the comment left by Julie Ford at 20/02/2020 - 16:55Assuming that 'live in tenant' means the same as 'resident landlord', and going by previous experts on this site, Julie Ford is quite right. This is even if there is a written contract claiming to be an 'AST'.

Jay James

18:20 PM, 20th February 2020
About 9 months ago

You really should pay back five days rent. You'd be a heel if you didnt.

Rob Crawford

6:28 AM, 21st February 2020
About 9 months ago

Reply to the comment left by Julie Ford at 20/02/2020 - 16:55
I stand corrected. Missed that.

WDB

10:28 AM, 21st February 2020
About 9 months ago

Can't believe you're stressing about a weeks rent . . . Just refund it and move on in life. Clear mind rules.

Janet Williams

10:38 AM, 21st February 2020
About 9 months ago

I’m not a professional and no longer a landlord but I ask who is making the quick buck. If you don’t pay him you are getting five days’ rent twice. It’s only five days and you are not going to suffer financial hardship as you have a tenant ready to move in. It’s up to you, of course, but I feel it would be fair to reimburse him.

Ross Tulloch

10:42 AM, 21st February 2020
About 9 months ago

We rent out rooms in shared flats. We always say if the tenant leaves early, (although normally after at least 6 months), provided they or we find a tenant to take over on a particular day, we will always refund any rent paid beyond this.

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