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Rookery
29-03-2006, 18:31 PM
My tenant moved out (of his own accord) 4 days before his tenancy was due to end (it was the penultimate weekend - makes sense).

I re-let the flat the day after he left thus he didnt have access.

Is he entitled to a refund on those 4 days even though he left of his own accord?

Any help, links or explanations will be greatly appreciated.

Jennifer_M
29-03-2006, 21:39 PM
This subject has been discussed in great length just a week or two ago on this very forum. A search will bring it up.

Don't get your hopes up though as a definite answer wasn't given. Some would refund it some wouldn't. As for what's lawful...

Energise
29-03-2006, 23:28 PM
My tenant moved out (of his own accord) 4 days before his tenancy was due to end (it was the penultimate weekend - makes sense).

I re-let the flat the day after he left thus he didnt have access.

Is he entitled to a refund on those 4 days even though he left of his own accord?

Any help, links or explanations will be greatly appreciated.

I think the answer would be dependant on the action of the tenant, did he/she surrender the tenancy to you on the day they left or did you just reclaim the property on discovery of them having left.

Rookery
30-03-2006, 08:37 AM
Energy, the tenant gave me a weeks notice of when they intended to vacate the property and then promptly left when they said they would. Again this was 4 days before the formal end of the original tenancy agreement.

Jenny I'm the landlord not the tenant.

Hope this helps.

MrShed
30-03-2006, 08:58 AM
Has the tenant asked you for a refund?

Rookery
30-03-2006, 16:33 PM
Yes Mr Shed. I think it's a bit much considering he didnt mention anything about it prior to serving notice of his intention to leave a few days early. If he had done I'd probably have told him to stay until the end of his tenancy.

I could just say no and hope for the best but I like to know where I stand and be a responsible landlord at the same time.

P.Pilcher
30-03-2006, 22:21 PM
I would be inclined to refund the rent for the days that the new tenant was in residence, but as many experts have said why should I? The law is heavily weighted in the tenant's favour, so if I have the opportunity to make double rent for a little while due to the old tenant deciding to move out early, why shouldn't I take advantage of this?

P.P.

Energise
30-03-2006, 22:48 PM
Energy, the tenant gave me a weeks notice of when they intended to vacate the property and then promptly left when they said they would. Again this was 4 days before the formal end of the original tenancy agreement.

Jenny I'm the landlord not the tenant.

Hope this helps.

I think under those circumstances you would be entitled to keep the money, personally I wouldn't want the argument over such a small sum and would probably refund.

2 of the most experienced posters on this forum would seem to disagree on this particular subject, I don't think a definitive answer is going to forthcoming.

Rookery
02-04-2006, 10:17 AM
Thanks guys for your help.

I'm not going to refund.