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Dave Roberts

Tenants right to have rent returned

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Hi,

 

I signed a fixed term 1 year tenancy on August 12 2008 which expires on August 11th 2009. The first months rent was six weeks, in effect taking the payment date to the 23rd of each month.

 

My landlord got in touch today (Rather than one month before the tenancy end date) saying he wont be renewing the tenancy agreement and that he's given me a months notice, but reasonably has said he'll allow me to stay on a month longer to find alternative accomodation.

 

However, now that notice has been given, for personal reasons I am keen to move out on the last day of the tenancy agreement (August 11th) rather than stay a whole month. I'll spare you the details as they are not relevent.

 

I just wondered where I stand legally in asking for some of my previous rent payment be returned. Of course, the deposit is protected, but I have made payment up to 23rd of August without the knowledge I would not have my tenancy renewed. Am I entitled to move out on the tenancy end date of 11th August, and have my payment for the days 12th-23rd August returned to me?

 

Many thanks for any help you can give me.

 

Dave Roberts

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Your landlord is being far from reasonable. The required minimum notice period is 2 months to be served correctly in a s.21 notice.

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Planner is perfectly correct. Landlord does not know what he is doing, and unless you were given two months notice via an s.21 notice, he has not actually given you notice at all!!!

 

Since your AST ends on 11 August, you are perfectly entitled to walk away on 11 August (and a strong body of legal opinion says that regardless of what the agreement says, you do not have to give ANY notice since it is a fixed term contract). You will then be entitled to return of the two week's rent, in addition to the deposit.

 

Was your deposit protected in the appropriate manner and were you notified of the details? I ask since your landlord seems not to know much about tenant law.

 

Was a proper checkin inventory carried out, and signed by you, at the beginning of the tenancy?


Kentish Lass

Information given is based on my knowledge and experience and is not to be considered as legal advice

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