PDA

View Full Version : Tenant wanting rent returned



teacher
21-09-2011, 20:07 PM
In November 2010 we gained a new tenant.In August 2011 we gave her two months written notice as we are selling our flat. She paid Augusts rent and Septembers up to Oct 12th her notice date.
A week ago she said she wanted to leave on 26th Srptember and because she is leaving early says she is entitled to her ent back
Is this true?
Thanks

Snorkerz
21-09-2011, 20:15 PM
I presume you gave notice under section 21? Such a notice does not waive the tenants obligation to give due notice. Presuming she hasn't given due notice, she should count herself lucky :)

Just so we can ensure everything is in order, can you confirm:

The exact date the tenancy began
The duration &/or end date of the fixed term
The exact date you served your section s21 notice
Do you have proof of that?
Was a deposit paid? Was it protected?
What was the expiry date of the s21?

Once rent is paid, it is not usually refundable under any circumstances.

mind the gap
21-09-2011, 20:19 PM
Once rent is paid, it is not usually refundable under any circumstances.

I suppose if the house caught fire and was rendered uninhabitable, it might be?

Snorkerz
21-09-2011, 20:23 PM
I suppose if the house caught fire and was rendered uninhabitable, it might be?Not sure - I guess if it is not the tenants decision that may be different. Couldn't cite case law - it's a Westminster-ism.

bhaal
21-09-2011, 21:23 PM
Money would be repayable when recession is a possible remedy - misrepresentation and frustration (e.g. house burning down) are two examples where recession would be available.

westminster
21-09-2011, 22:46 PM
A week ago she said she wanted to leave on 26th Srptember and because she is leaving early says she is entitled to her ent back
Is this true?

It's unlikely that she is due any rent refund, but you need to answer Snorkerz' questions, and also - more questions:

Is rent payable monthly in advance under the terms of the contract?
What day of the month is the rent payable?
Has the T served notice?
If the contract is still within the fixed term, is there a break clause, and if so, did you or T serve notice under it, and what is the exact wording of the break clause?

teacher
23-09-2011, 13:30 PM
November 12th 2010
6 months
12th Aug
yes managing agent sent it by hand and e mail
Deposit has and is prtoteted
Oct 12th 2011

teacher
23-09-2011, 13:31 PM
Yes 12th
no

westminster
23-09-2011, 13:38 PM
The exact date the tenancy began November 12th 2010
The duration &/or end date of the fixed term6 months
The exact date you served your section s21 notice 12th Aug
Do you have proof of that? yes managing agent sent it by hand and e mail
Was a deposit paid? Was it protected? Deposit has and is prtoteted
What was the expiry date of the s21? Oct 12th 2011

westminster
23-09-2011, 13:40 PM
Is rent payable monthly in advance under the terms of the contract? Yes
What day of the month is the rent payable? 12th
Has the T served notice? no

westminster
23-09-2011, 13:48 PM
She paid Augusts rent and Septembers up to Oct 12th her notice date.
A week ago she said she wanted to leave on 26th Srptember and because she is leaving early says she is entitled to her ent back

So the tenancy is now periodic. Your s.21 notice is in fact defective (if served on 12th August, it should have expired "after 11th November 2011" - exact wording). But it doesn't make any difference to the answer to your question as, valid or invalid, a s.21 notice is not a notice to quit and doesn't end the tenancy at notice expiry. The T is still obliged to serve written notice to quit if she wishes to unilaterally end the tenancy (and her liability for rent).

If the T vacates on 26th September, she will certainly not be due a rent refund. Whilst you are entitled to accept her verbal notice, you would also be entitled to reject it. If you reject it, and treat the tenancy as continuing, then you'd have a claim against T for rent in lieu of notice up to at least 11th November.