SMF - Just Installed!

Tenant wanting part rent back

Started by Hannahmm1991, June 04, 2017, 07:01:52 PM

Previous topic - Next topic

Hannahmm1991

So I have gave my tenant a months notice to move out and they have chose to move out early and are asking for part of their rent to be paid back. Do I have to refund them at all or do they have to pay the full months rent?
Thanks, any advice would be great!

theangrylandlord

Not enough info for a complete on answer but on the limited information the answer is no you do not NEED to pay them back..
The Deregulation Act 2015 section 40 covers this and a refund is due when ...

A tenant under an assured shorthold tenancy of a dwelling-house in England is entitled to a repayment of rent from the landlord where—
(a)as a result of the service of a notice under section 21 the tenancy is brought to an end before the end of a period of the tenancy,
(b)the tenant has paid rent in advance for that period, and
(c)the tenant was not in occupation of the dwelling-house for one or more whole days of that period.

You need think whether you are foul of clause (a) above..

{You could ask yourself if the rent at question is worth the hassle but only you can say as you havent given enough info]

Best of luck.

Riptide

The minimum notice for tenants from a landlord is 2 months.

theangrylandlord

Whoops ... didnt read that he only gave one months notice. 
Not sure how you can do that now as the s21 form has 2 months on it.
My bad  :-[

Riptide

Doesn't sound like a section 21 was issued. LL and T appear to have similar knowledge levels.