5.18 Apportioned Rent
The common law position is that where a tenancy ends midway through a period of a tenancy, the landlord is nonetheless entitled to receive the full payment of rent for the full period.
For an assured shorthold tenancy granted on or after 1 October 2015 including a renewal and all assured shortholds (including existing) from 1 October 2018, this changes for some circumstances and may require a repayment of rent apportioned daily where the tenant ceases occupation mid-way through a rental period of the tenancy.
Those circumstances are—
- as a result of the service of a notice by a landlord under section 21, the tenancy is brought to an end before the end of a period of the tenancy,
- the tenant has paid rent in advance for that period, and
- the tenant was not in occupation of the dwelling-house for one or more whole days of that period.
The amount of repayment to which a tenant is entitled is calculated by considering the number of days in the month and how many of those days the tenant occupied the property.
If the repayment of rent has not been made when the court makes an order for possession under section 21, the court must order the landlord to repay the amount of rent to which the tenant is entitled.
Nothing in these rules affects any other right of the tenant to a repayment of rent from the landlord for example compensation for a failure to repair.