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Question

Ending a Tenancy (England)

Does landlord need to reimburse rent after accepting early surrender?

15 Feb 2017 | 1 comment

Two separate but related questions:

  1. Tenant 1 rent is payable monthly on 1st – landlord accepts surrender of tenancy 1 on 15th and moves new tenant 2 in on 16th – does the landlord need to reimburse tenant 1 with rent for the period 16th – end of month?

  2. If the rent is due monthly and tenant 1 refuses to pay for the full month knowing they are leaving on 15th and assuming they do leave on 15th, can the landlord claim as compensation rent for the period 16th – end of month from tenant 1?

Thank you in advance.

Answer

1 Comment

  1. guildy

    Where a tenancy ends mid-period (however it ends) and the rent is payable calendar monthly in advance, the whole period is payable by the tenant. Please see this article.

    Where the property is relet within the period, our view is the landlord shouldn’t profit and in that case refund an apportioned amount.

    One change to the above law for tenancies granted since October 2015 in England is that if a tenant leaves mid-period as a result of a section 21 being served and rent in advance has been paid for the period, a refund apportioned daily must be made. See here for details.

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