It was more like "Dear Landlord. Are we allowed to have a partial refund of our rent if you find new tenants before our AST expires?" "Yes." (...two months later...) "Dear Landlord. You appear to have moved new tenants in during our AST, without letting us know. Please give us a refund of the overlapping rent." "No." You're right. Thanks again, Steve__M. Myself and my partner have already spent so much time on this, that it's looking most likely that we'll take option 2 above.

We didn't break our tenancy, and there is nothing in our AST agreement to suggest we are in any way liable for the reletting expenses. Significantly, we continued to pay rent and council tax and other bills during the first week of the new tenants' AST, without having been offered an option to do otherwise. We merely suggested that he look for new tenants early, in order that we could possibly come to some agreement about ending our AST early. However he made out that he had not found any new tenants, and simply pocketed the overlapping week's rent without discussing anything with us. Our AST came to an end on Christmas day. The LL would have to have advertised for new tenants at more or less the same time as he did, in order to ensure the place was occupied after our AST elapsed, whether or not this was as a result of discussions with us. Nobody moves house on xmas day, so the LL had a choice of whether to wait until after the holiday period to move people in, or to let us know that they had found someone early, so that we could negotiate and discuss any possible surrender of the tenancy and/or share of his expenses. As he moved the new tenants in secretly, a week before the end of our AST, with no discussion with us that this was happening, I don't see why we are liable for his reletting costs, nor why it's unclear that the LL (and not us) broke the AST. But the amount spent is the same, and the LL is not out of pocket because if he returns our overpaid week of rent, he will still have received the correct amount of rent for a single tenancy at this address. The LL's suggestion of a friendly compromise is in fact skewed in his favour. As Steve__M & heliosfa suggest above, the LL wants his cake and eat it. So why, when it is him not us who have brought the agreement to an end early and in secret, are we liable for his expenses? Notice not required to depart at the end of an AST. We wanted to make it as easy as possible for him, should he decide to move someone in early, in the hope that he would then let us know that he had found someone, so that we could discuss the financial logistics. Note the liability for his reletting costs only reared its head three weeks after we sent him a letter asking us for the overlapping weeks' rent, and only because he had never mentioned these new tenants he had brought in during our active AST. We made repeated attempts to contact the LL, in order to arrange a time for a walk-through and a hand-back of the keys. It was at the LL's insistence that we hang onto them until the expiry of our AST as, in his words we were "still the legal occupants". Hence our umbrage. We oversaw numerous letting agents showing round prospective new tenants, during several evenings in the two months before the expiry of our tenancy. This is all documented. Surely if we hadn't warned the LL that we were moving out by the end of the AST (i.e. given some form of verbal notice before the end of the AST, which is not even a legal requirement), we wouldn't have sanctioned these viewings? The LL was well aware that we were not staying on longer than our AST, and he pretty much forced us to hang onto the keys. Which, it turns out, is a good thing, as it adds to the meat of the fact that we didn't break our AST. Why on earth should we be eligible for 100% of his £500 reletting costs?

But because of the time of year, he'd need to have advertised a little bit early anyway (our AST expired on xmas day). They are twice the amount of the overlapping week's rent, i.e. around £500.

Let me quickly take this opportunity to say a massive thank you to all of you who have given of your time so freely and generously to help me out with this. It really means a lot! But the LL moved people in secretly, with no apparent plans to tell us he had done this, thus intending to pocket the overlapping rent. Reletting costs would have been the same whatever. We definitely need to do something though, as he has threatened to pursue us for his reletting costs if we ask him to repay the overlapping week's rent. ---- Here's an anonymised copy of the tenancy agreement, as heliosfa was asking for it. Apologies for weird formatting - it's an OCR scan: AGREEMENT Assured Shorthold Tenancy - Under Part I of the Housing Act 1988 as amended under Part III of the Housing Act 1996. Landlord: [-------] Tenant: [-------] Premises: The dwelling-house described as : 2 Bed Flat situated at and being: [-------] Together with its fixtures and fittings and also the items in the inventory (if any) Term: For a fixed period of Six Months, subject to the provisions described within clause 39 below. Commencing on [-------] Rent: £ [-------] per calendar month (by standing order into Landlord's bank account). -" - Payable every calendar month by equal payments in advance. First payment due on [--------] and every calendar month thereafter on the same day in each calendar month. Deposit: £ [-------] AGREEMENT Assured Shorthold Tenancy - Under Part I of the Housing Act 1988 as amended under Part III of the Housing Act 1996. Generallv 1. This agreement is for the letting of a dwelling which is either unfurnished or has been furnished in accordance with the inventory signed between the parties. 2. This agreement is intended to create an Assured Shorthold Tenancy in accordance with Section 19A of the Housing Act 1988,as inserted by Section 96 of the Housing Act 1996. 3. The provisions for recovery of possession of the premises, by the Landlord, contained in Section 21 of the Housing Act 1988 as amended by Sections 98 and 99, of the 1996 Housing Act apply. 4.This agreement shall take effect subject to the provisions of Section 11 ofthe Landlord and Tenant Act 1985, where applicable to this tenancy. This makes provision for the landlord to repair the structure and exterior of the premises and certain installations in the premises. 5. The landlord is the person or persons stated, or any person entitled to possession if the tenancy were to end. 6. The tenant is the person or persons stated, or any person deriving title under the tenant. 7. Where either party is two or more people, their obligations and liabilities, under this agreement are joint and individual. Where his or he appears read his/her or he/she. 8. The premises are the dwelling stated, together with any outside space or garden and, where applicable, the landlords fixtures and fittings in the premises or as stated in the inventory (if any). Head lease 9. Where the landlord's interest is derived from another lease, the head lease, the tenant will observe the restrictions in the head lease applicable to the premises. In this case the premises will be subject to the reservations and rights of entry stated in that head lease. Communal areas 10. Where the premises are only part of a building, the tenant will have access(in common with others) to appropriate access ways and hallways or other shared facilities, but only to the extent that the landlord can lawfully grant the same. Deposit 11. The deposit as specified shall be paid by the tenant on the signing of this agreement and is to be held by the landlord for the duration of the tenancy as security against the tenant's failure to pay the rent or non performance of hisobligations laid down within this agreement. This includes any breach by the tenant of his obligations as to the cleaning of the premises, the cleaning of any fixtures and fittings therein and the return of all keys. 12. The deposit is not to be used by the tenant towards the final rent payment. The deposit will be returned to the tenant (without interest and less any relevant deductions) within 28 days of the termination of the tenancy and the vacation of the premises. Where there is more than one right to make a deduction, the landlord has the right to appropriate the deposit as he sees fit. Forfeiture 13. Where the rent, any part of it, or any other sum due from the tenant under this agreement, is in arrears of fourteen days or more after it has become due (whether legally demanded or not), or where there is a breach of any of the obligations on the part of the tenant, the landlord may re-enter the premises (or any part thereof) and the tenancy will immediately be determined without prejudice to any other rights and remedies of the landlord. This is subject to any statutory restrictions on the landlords power to do so. A court order will be required if anyone is residing at the premises. Interest on payments in arrears 14. Where the rent or any other sum due from the tenant, under this agreement, is in arrears (whether legally demanded or not), the outstanding sum shall be subject to interest from the date when the same became due until the date of payment, at 4% above the prevailing base rate of Bar clays Bank PIc. Rent 15. The tenant will pay the rent in the manner and at the times specified within this agreement. Misuse 16. The tenant will use the premises in a tenant like manner only as a private dwelling house and will not (nor allow others to) use it for any improper, immoral or illegal purposes. Damages 17. The tenant will not(nor allow others to) cause any damage or injury to the . premises, but will preserve the premises in the same condition that they were given over to the tenant, reasonable wear and tear and accidental damage by fire or any other risk against which the landlord has effected insurance excepted. Noise and nuisance 18. The tenant will not(nor allow others to) cause annoyance or disturbance to the landlord, other tenants or any neighbours. Trades 19. The tenant will not (nor allow others to) carry out any profession, trade or other business on the premises. Insurance 20. The tenant will not(nor allow others to) do anything which may make void (or increase the premium of) any relevant insurance policy. Assignment. subletting and sharing 21. The tenant will not (nor allow others to) assign, sublet, part with possession of the premises in any way or receive paying guests on the premises. Alteration of the premises 22. [omitted] 23. Without the express written permission of the landlord,the tenant will not (nor allow others to ),place any signs,noticeboard or other advertisements or the like on the exterior of the premises. 24. Without the express written permission of the landlord, the tenant will not (nor allow others to), remove any of the items specified in the inventory (if any) or any of the landlords possessions, from the premises. 25. Without the express written permission of the landlord, the tenant will not (nor allow others to) change any of the decorations, furnishings or any of the fixtures or fittings, (where applicable). 26. The tenant will not (nor allow others to) make any alterations to the premises. Pets 27. Without the express written permission of the landlord, the tenant will note nor allow others to keep or allow pets of any kind on the premises. Any permission which is given, may be cancelled by the landlord. Cleaning and maintenance 28. The tenant is responsible for cleaning, maintaining and keeping free from all blockages and obstructions all baths, sinks, lavatory cisterns, drains, gutters, pipes, chimneys, and the like(where applicable). 29. The tenant is responsible for the maintenance of any garden areas and for keeping such areas neat and tidy and free from weeds, with any grass kept cut. 30. The tenant is responsible for maintaining and regularly testing any smoke detectors listed in the inventory. 31. The tenant shall keep the interior of the premises in good repair and condition and in good decorative order. 32. The tenant is responsible for the cleaning of any carpets, curtains, furnishings or other items listed in the inventory. 33. The tenant is responsible for the cleaning of the windows and for immediately replacing any broken glass, howsoever caused. Supplies 34. The landlord [sic] is responsible for informing the relevant Authorities and for the payment of bills generated for the supply and consumption of any services such as Gas, Electricity, Telephone, Water etc. The tenant will not do anything that may cause the disconnection of any of these supplies. Council tax 35. The tenant is responsible for performing his obligation (under the Local Government Finance Act 1992 or regulations made thereunder) to pay Council Tax (or any similar tax or levy). Ri2hts of access 36. The tenant will allow the landlord~( or his agent) access to the premises at reasonable hours during the day, to inspect the premises and effects therein and to carry out any works the landlord deems necessary. 37. The tenant will allow the landlord (or his agent) access to the premises at reasonable hours during the final 28 days of the tenancy, to show the premises to prospective tenants or at any time to show the premises to a prospective purchaser or anyone acting on his behalf. Unattended property 38. Whenever the premises are left unattended the tenant must fasten all locks to all doors and windows and activate any burglar alarm, to avoid unauthorised access to the premises. The tenant should notify the landlord if he intends to leave the premises vacant for a period in excess of 28 consecutive days. Vacation of premises 39. The tenant will return the premises to the landlord at the end of the tenancy in the same condition and state of repair as at the commencement of the tenancy, reasonable wear and tear and accidental damage by fire or any other risk against which the landlord has effected insurance excepted. The tenancy is for a fixed period of six months. 40. The tenant will clear all his own personal effects and any rubbish from the premises on or before the end of the tenancy. 41. The tenant will return all the keys for the premises, to the landlord, at the end of the tenancy. Quiet possession 42. The landlord agrees with the tenant that subject to the tenant paying the rent and observing and performing the obligations on the part of the tenant may quietly possess and enjoy the premises during the tenancy without any interruption from the landlord or any person claiming under or in trust for the landlord. Gas safety regulations 43. The landlord is responsible for the service and maintenance of any gas heating system and for ensuring that all gas appliances within the premises are annually certified by a British Gas or Gas Safe registered technician, in accordance with The Gas Safety (Installation and Use) Regulations 1994. Furniture safety regulations 44. The landlord is responsible for ensuring that any furniture supplied by the landlord complies with The Furniture and Furnishings (Fire)(Safety) Regulations 1988 as amended (but subject to the transitional provisions ofthose regulations). Outgoings 45. The landlord is responsible for indemnifying the tenant against all outgoings and assessments in respect of the premises, except those stated as being the tenant's responsibility. Damage bv fire 46. The landlord is responsible for returning to the tenant any portion of rent paid for any period that the premises is rendered uninhabitable by fire or other risk against which the landlord has effected insurance. Necessarv consents 47. The landlord warrants that any consents necessary to enable him to enter into this agreement, (whether from superior lessors, mortgagees or others), have been obtained. Definitions 48. Any reference to the premises includes a reference to any part of the premises.Any reference to the tenancy or the term includes any extension or continuation of the term and any statutory periodic tenancy. Any reference to any items specified in the inventory (if any) or the fixtures and fittings is a reference to any of them. Any reference to any statutory enactment or regulations includes a reference to any amendments or modifications to the same. Notices 49. The provisions of Section 196 of the Law of Property Act 1925 as amended by the Recorded Delivery Service Act 1962 relating to the service of notices, apply to any notice authorised or required to be served under this Agreement or any Statutory Provision relating to the tenancy. Section 48 of the Landlord and Tenant Act 1987 50. The tenant is hereby notified that in accordance with section 48 of the Landlord and Tenant Act 1987, the address for the tenant to serve Notices on the landlord (induding Notices in proceedings), is given here: [-------] The landlord hereby agrees to let the premises and the tenant hereby agrees to take the premises for the rent, period and in accordance with the conditions stated within this agreement.

He's not prepared to elaborate. I think we might drop in your suggestion of saying "2 months' notice required to serve Section 21". Indeed. Thanks! Does it seem a bit weird to you that he's giving us this offer at all? Surely if his legal representation told him he was in the right, he'd just sting us for the cash and not even offer to compromise? Hence me thinking it's all a big bluff. What happens if he goes to the small claims court before we do?

But surely, as we continued to pay rent and maintained the place, it was just the same as taking a holiday? No - it would have to have been vacant for four weeks. There's a clause in our contract which says to let LL know if the property is vacant for 28 days or more. We continued to pay council tax for the entire duration of our AST. In fact we ended up paying the first week of these people's council tax for them. We took meter readings as near to the end of our AST as possible, and ended up paying for the whole term. --- UPDATE 3: We just received the following message from the LL: "I have taken legal advice, in response to your most recent message. I have been advised that you are entitled to your last week's rent, and I am entitled to the reletting charges. As an offer I will promise not to pursue the balance on the fees if you waive the week's rent. This will put you in a position where you are financially better off. However if you decline I will pay the week's rent and take further action to recover the fees from you jointly." Seems a bit "blackmaily" again. I sense he's bluffing, but I'm not sure. Advice please!

Hi Mariner51! Thanks for your advice. Agreed. Which surely goes agains their claim for the reletting costs. No notice required to leave when an AST elapses. We physically moved our belongings out of the property (and into our new one) three weeks before the end of our original AST. However we kept returning to the property, to clean, pick up our post, and generally check up on the place. We made several visits during the last three weeks of the AST, the final of these being two days before the end of our AST - the day we discovered the new tenancy. But surely the property is only vacated if we decide to stop paying rent on it, and abandon? As far as we were concerned, and at the LL's continued insistence, we were still legally responsible for the flat. Agreed. Fingers crossed!

Hi again Steve LL had no losses, as we continued to pay rent for the entire AST. If LL decided to bring in new tenants the day after our AST expired, his costs would have been exactly the same, but he wouldn't have had this additional £250 from the overlapping tenancies. For whatever reason (a bit of extra xmas spending money?) he chose to install the new tenants a full week before our AST expired. I believe he is not in fact entitled to ask us for the letting costs, as we pledged to pay the entire rent for the AST (and did so). Therefore he is just creaming the profit off this overlapping week's rent. I believe we didn't actually breach the tenancy. No, but we have photographs of the new tenancy agreement, complete with dates, amounts and signatures. We shouldn't have to pay a penny of his reletting costs. Heliosfa?

Could LL claim we coerced him into searching early for new tenants? I'm guessing not, seeing as he insisted on our fulfilment of AST. LL claims he was unable to set a break clause in the AST, because he couldn't be confident of what date he might find new tenants. However this didn't stop him from having the confidence to move someone in early anyway! Surely not, though, if we had already encouraged him to seek new tenants, and told him our belongings were out of there? That said, it was pretty unsettling to go in there and see someone else's stuff. To this day, we have never had a walkthrough. The last time the LL was on the premises with us was over a month before the end of the AST. In any case, there was no initial walkthrough upon moving in.

Thanks again Heliosfa, and hello Mariner51! Incidentally, Heliosfa, I'd be interested to hear your feedback on the points raised here by Mariner51. Mariner51, I'll respond to your points as best I can, here: But the LL refused the early return of the keys. Furthermore they were never at risk of financial loss, as we had already paid the six months' rent. See Heliosfa's point above relating to holiday. Also LL insisted that we were still legally responsible for the flat, hence our regularly going there to clean, collect mail and check doors were locked. Note that no refund was offered and that the new tenants were moved in secretly. We wouldn't have found out about them had we not been going round there regularly. By the fact that numerous viewings happened with our consent, soon after notice was given. Surely if we had decided we wanted to stay in the flat, we wouldn't have allowed these viewings? In any case, no notice required to leave at end of AST. Yes. We were on holiday during the last two days of our original AST, but went round there the day before. The heating and lights were on, the back door was unlocked, and several of the new tenants' possessions were dotted around the flat. The signed tenancy was in the flat. The crucial thing to remember was that the landlord would have to advertise for new tenants near the end of our AST anyway, so the costs of these are an inevitable expense of being a LL. Also he was quite strict about insisting we were still the legal tenants, refusing to accept early key handover or even do a walk-through with us, and made no mention of these new tenants at any point.

Thanks again, Heliosfa. In answer to your questions: He suggests four ways in which he believes we breached the contract: (1) He says we never gave written notice to terminate our AST. However, we did phone him well in advance to let him know, hence his showing round of prospective tenants. (In any case, I'm pretty sure a tenant is not obliged to serve notice on a fixed-term AST. That said, he sent us this link which seems to suggest we do in fact need to serve notice: direct.gov.uk/en/HomeAndCommunity/Privaterenting/Tenancies/DG_189123 ("Ending a tenancy or licence if you are a tenant") ...however there are thousands of other websites which make very clear that no notice is required to move out at the end of an AST. Can you confirm this?) (2) We physically moved out of the property three weeks before the end of the AST (though continued to pay rent and regularly check up on the property). (3) We encouraged him to get new tenants in early, in the hope that he would be able to refund us part of the rent. However, as he refused us this option, and insisted we pay rent for the entire AST, we didn't in fact breach the contract (I think?). (4) We wanted to meet up with him and hand the keys back before the end of the AST, though this was partly to make things as easy as possible for him should he find new tenants early, and also because we were away on holiday when the AST was to elapse. Note he refused early acceptance of the keys, so we did in fact return them at the end of the AST. Indeed so! Is that enshrined in law somewhere? If he digs his heels in and we have to go the small claims route to get our £250 back, might he counterclaim (albeit, we hope wrongly) for his expenses, thus putting us at risk of a large bill?

Thanks again Steve, and hi Heliosfa! UPDATE 2: I sent a polite letter thanking the LL for the deposit and pointing out that he still owed us the overlapping week's rent. He replied that we were now to pay his reletting/advertising costs, as according to him we had broken our contract. Needless to say, his reletting costs dwarf the £250 to some degree, so he is now telling us that we owe him money, rather than the other way round. This is the first he's mentioned that we're liable for any reletting fees, which I'm sure would not have come to light had we not discovered the new AST. Surely we didn't break the agreement, as we paid the monthly rent in full and in advance, for the entire six-month AST? LL is the one who moved new tenants in during our tenancy, so if anyone broke the contract, surely it's him? And reletting costs are an inevitable expense at the end of a tenancy, whether or not the property is advertised during an active tenancy. If the LL moves new people in without planning to let us know, why on earth should we be liable for these costs? In answer to a couple of your questions: Correct. The phrase "exclusive use" doesn't appear in the AST, but there is the standard "quiet enjoyment without interruption from the landlord or any agent" clause. Absolutely. We discovered it in the property when we went round to clean. It has two new tenants' names on it, and is for the same address. We took photos of every page (but haven't mentioned this yet). Good to know - thanks! I believe, now that the deposit itself has been refunded in full, we cannot now claim for 3x it. As mentioned above, unfortunately we would now be out of pocket, as the LL has asked us for these reletting expenses. All we want to do now is get our £195 back and convince the LL that we are not liable for his other costs. Thanks again!

UPDATE: LL has refunded deposit in full via bank transfer (and accompanying email), but made no mention of the £250 he still owes us for the final week's overlapping tenancies. I have found a couple of internet links to a thing called the "Landlord Training Manual" which states that he cannot "double charge" for the period, but they don't link to any specific laws or test cases, so I'm not sure how to go about enforcing it. If I threaten legal action in an LBA, and he gets a solicitor, and for whatever reason I lose the claim, would I have to pay his legal fees, as well as court costs? Surely as soon as he receives my LBA he'll seek legal advice, and I'd be putting ourselves at risk of having to pay for that? Is there perhaps some authority to whom I can threaten to report him, to convince him into paying the £250? Or a legal precedent I can quote? I don't want to threaten legal action if I may end up throwing more than half the £250 into it.

Thanks again, Steve__M - that sounds like the way to go. One more quick question: We're anticipating that cheques are on their way, albeit for less than the full amount. Is it OK for us to deposit these cheques, or would that action somehow suggest that we accept them as full and final payment? We could do with banking whatever he sends, to tide us over, but not if that cancels our rights to the full amount.

Thank you, Steve__M. Do I need to have my Letter Before Action witnessed by anyone, or can I just send it Special Delivery? (Worried LL might just deny anything we wrote in it if it comes to court.) Our situation has changed somewhat, and I am open to any suggestions: LL claimed that cheques had been sent a week ago, but these never arrived. When I asked him to transfer cash by the end of the week, suggesting that waiting for a fresh batch of cheques would delay the process further, he got quite irate and quoted the "deposit must be repaid within 28 days" clause in the AST we signed. Surely, if the deposit had been secured, we would have received it within 14 days, therefore this 28 days deadline, referring as it does to an unsecured deposit, is null and void? And now he is claiming a dispute with the amount we think he owes us, and says that he explains this in a covering letter with the cheques. At this point, it's unclear which portion of the money claimed he is reluctant to pay us, but it seems to me as though legally he has no leg to stand on. How best should I word my Letter Before Action, and does he in fact have claim on any part of the deposit or this overlapping week of rent? And what should I do next?

Hi there We signed a six-month Assured Shorthold Tenancy on a London flat. Due to unhappiness at the flat, we moved out after just over five months. The original landlord insisted that the flat was still ours for the six months of our tenancy agreement, unless he found tenants to replace us during the last couple of weeks. We were happy enough with this - after all, we had signed a six-month AST. Despite moving into our new place, we periodically went back to check on the old flat to see that everything was in order, and to give the place a good old spruce-up. We let him know that the place was clean, all our stuff was out of there and that, in theory, new tenants could move in. We were due to be away on holiday the day our original AST was to elapse. We told the landlord that we wanted to hand the keys back and that we were happy to wait til after our AST had elapsed before we needed the deposit. He insisted that we hang onto the keys as we were "still legally responsible for the flat". However, when we went round there a few days before the tenancy had expired, to pick up the last few items of our mail, we found a new, signed AST in the house, with new tenants' names, which was dated a full week before our one expired. We sent a letter the next day, saying what we had found, and letting the landlord know that we wanted the deposit and believed we were entitled to a full week's rent, to cover the period where there were two active ASTs. Furthermore we have subsequently discovered that our landlord never secured our deposit with a protection scheme (we didn't even know such schemes existed until we moved into our new place). It seems as though we are owed, at the very least, the week's rent from the date the new tenants signed the AST until the expiry of ours, plus our deposit. I have been reading about "unlawful eviction" on the forums. Is it still the case if we have already moved into a new place? (The landlord insisted that we hang onto the keys as he "hadn't found any new tenants", but then surreptitiously moved some in, after once we'd given him the all-clear and said our stuff was out of the flat and the place was clean.) And the non-secured deposit situation looks like a costly and risky matter to bring to court. To date, there has been no response to my letter to the landlord, and fourteen days have elapsed. Any advice gratefully appreciated.