Can landlord receive rent from two separate tenants for the same period?

[soppy1]

Hi, please can someone help me with the following issue:

I recently served my 1 month notice on the day before rent was due and then paid the full final month's rent on the following day.

During the notice period the agent contacted me and asked whether I would leave the proprty early as they had a new tenant to move in. I had already found a new property so agreed to this, had the property cleaned etc. and was checked out 2 weeks before the end of my 1 months notice.

The new tenants moved in the day after I left which means that for the final 2 weeks of my notice period the landlord was receiving rent from the new tenants and also had the rent I had paid for the period up to the end of my notice period.

Now the landlord has informed me that I am not owed any refund of rent as I had served one months notice, despite the fact that I moved out two weeks early and the new tenants moved in.

Please can anyone let me know whether it is legally permissable for the landlord to have effectively received rent from two totally separate tenants on the same property covering the same 2 week period?

Many thanks

Soppy!

[MrShed]

Short answer, no. Proceed with LBA and small claims court.

[soppy1]

Thanks MrShed, thats the answer I was hoping for.

Cheers

[Aequitas]

I hate to disagree with Mr Shed, but the short answer is "yes". This is because rent paid in advance is irrecoverable. (I cannot recall the authority, but remember researching the point.) What you should have done is to agree to give back the property early in exchange for a refund.

[soppy1]

I agree. If I had not been so short sighted, I would have got it in writing that when I agreed to check out of the property early this was effectively a shortening of my notice period and I would therefore receive rent back for the remaining 2 weeks.

However, given that the agent acting on behalf of the landlord asked if I would move out early so that the new tenant could move in, surely this is effectively an offer to shorten my notice period, which I then accepted by moving out to allow the new tenant to move in. Had I not been asked if I could leave early I would have just waited to the end of my notice period to hand back the keys.

[MrShed]

Fair enough Aequitas. If you happen to recall or come across the backgroundy stuff for it, I would be interested to read it if you could PM me a link or such like? Otherwise, I'm willing to bow to your superior knowledge on this one

[Aequitas]

I can only suggest you bypass the agent and contact the landlord. Ask if he thinks it is fair.