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Ending a Tenancy (England) | England | Landlord Wants Tenant to Leave (England)

Section 21 tenants leaving early, asking for rent refund..

29 Oct 2021 | 1 comment

Hello,

Tenants served a Section 21 have paid their rent early today (for 1st November) and then informed me they have accepted another property from this Wednesday 3rd November with the aim of being out of the original property by 10th November. They have requested the difference in rent back, given the landlord really needs the house back for herself.

The landlord had originally offered the tenants money back IF they moved out asap but this was back in February. She has since had additional storage costs etc to pay each month as the tenants’ house search dragged on for 9 months.

The landlord is not prepared to pay any rent back due to the extra costs incurred in waiting for them to find what they deemed “suitable” alternative accommodation as they have turned down several properties. She isn’t under any obligation to repay the rent as 1 month’s notice must be given as per your AST. It’s great for both parties that they have found elsewhere rather than having to be taken to court.

I have advised the landlord that the tenants may decide to (and are entitled to) keep hold of the keys until the end of November , thus delaying her from moving back in. If another tenancy was beginning, the landlord would have had to repay the tenant any overlap but as she wants the house back herself, am I right in thinking she is under no obligation to repay rent?

This has rumbled on since February and I would hate for everything to fall through after all this.

Answer

1 Comment

  1. guildy

    One of the things that used to wind us up when we were an agent years ago was when the landlord client would ask us to serve notice on the tenant then, they’d complain when the tenant wanted to leave!

    The law changed in 2015 and where a tenant leaves “as a result of the service of a section 21 notice” then, any rent paid in advance must be repaid apportioned daily.

    please see here for full details.

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