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Question

Apportioned Rent (England) | Ending a Tenancy (England) | England

Section 40 of the Deregulation Act 2015 apportioned rent after Section 21

29 Mar 2022 | 1 comment

Hi, Re Section 40 of the Deregulation Act 2015, what is your interpretation of the view (or any known cases to support this view):

  1. This only applies where a section 21 notice expires part the way through a rent period
  2. This does not apply where the tenancy ends through an express or implied surrender by the tenant

Thoughts please?

Many Thanks

Answer

1 Comment

  1. guildy

    We answer in order.

    1. It can apply anytime after service of section 21, but yes, it would only apply if there is rent paid for a period after they have left, including if they went as a result of the notice partway through a rental period. Another time it may apply is if the tenant paid six months in advance but left (as a result of section 21) after four months (just as an example).
    2. That’s correct. The leaving must be as a result of section 21. We’re surprised there haven’t been more arguments on this point, but to date, it seems quiet.

    We have more information about apportioned rent here.

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