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Refund of rent paid in advance

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Posted (edited)



I rent a room in a shared property. 


On the 2nd of this month, I paid a month's rent in advance. I also gave my live-out landlord 28 days' notice to leave, as per my contract. Because I was reluctant to allow viewings of the room prior to me leaving the room, my landlord proposed a compromise:


'When I advertised the room last time, I was overloaded with enquiries and pulled the ad 2 hours later. There seems to be a serious shortage of rooms and flats. Many of the people wanted to move quite quickly. I would suggest that you secure somewhere then I place the ad, but you would need to let people see the room. Don't worry about giving 28 days' notice.'


Today, having found a new place to live, I gave my landlord notice to leave on the 12th of March. He complained that this was short notice, and has not specified whether he will refund my advance rent payment on a pro rata basis. 


If my landlord does not issue a pro rata refund, would I be entitled to take action to recover the money, either via a tribunal or the small claims court?


There is nothing specified in the contract about rent refunds.


In case it's relevant, I live in scotland.







Edited by JeffW
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41 minutes ago, mantis shrimp said:

Have you reminded the landlord of what he previously said, and requested a pro-rata refund? 

Yes, and appears to be stonewalling me.

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Hi JeffW


I assume what the Landlord stated that you have quoted in your post#1 you have either in writing or email as you need to keep this as evidence.


What I would do is contact the Landlord again in writing (I know you already have) but you need to be clear that you have followed the instruction of the Landlord


Dear (insert Landlords Name)


Further to our discussion on XX/XX/2022 in which you stated (insert here what you quoted in post#1 that the Landlord stated).


I have followed your instructions as my Landlord and secured a new place and have give my notice to leave on the 12th March 2022 at the same time as per your instructions and already notified you of my intentions on XX/X/2022.


You have then stated on XX/XX/2022 that I have given you Short Notice of my intentions to leave when I have followed your instructions as quoted above and you did state ' Don't worry about giving the 28 days notice'.


I would like to resolve this matter with yourself and also ask for clarification if my Rent in Advance will be returned when I move out of the Property.




As this is Scotland and it is 'Rent in Advance' just to be clear this is not classed as a Tenancy Deposit therefore there is no requirement for it to be placed into a Tenancy Deposit Scheme (TDS) within the required Time Limits for TDS.


How many other rooms are there within the property that are rented out?


Is it classed as an HMO? (House in Multiple Occupation)?


Have you checked with the Council that the Landlord is Registered with them (Private Renting dept of council) as this is a requirement of most Councils now that they need to be registered with the Council?


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