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Can I reclaim my rent money back from the landlady?

Started by mocoduckling96, August 13, 2019, 03:15:29 PM

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mocoduckling96

Hi, I'd really appreciate any help with this problem because it's complicated and I feel like I've been mugged lol.

I rented a student house with 3 friends with 2 consecutive 12-month contracts, both starting and ending on the 10th September. The landlady asked for the keys to be returned a month earlier than the end of the tenancy (10th August). This was no problem for 3 of the tenants including myself, who moved out in July and the landlady was aware of this. However one of my housemates wanted to live in the house until the official end of our tenancy which is contracted as 9th September 2019.

Myself and one other paid the rent in advance (1st May I believe) until the end of the tenancy- meaning that we paid off all of the rent including the last month of rent required of us: August's rent (due 10th August). To my knowledge the other two housemates who paid their rent monthly as required have not paid nor been asked to pay this months rent however I can't be sure of this.

To sum up, what I am asking is; did I make an overpayment? If so,how can I reclaim it? I asked the landlady whether I am liable to be paid back for this extra month's rent as I returned the keys early. She said that I'm not because it is a 12 month contract- but did she not end it a month early when she asked for the keys back and began the building work before the end of the lease?

Mortimer

I understand from what you say that you signed a 12 month contract to end on 9th September 2019, and she won't get full possession of the property back until 9th September because one of the parties hasn't moved out.  If this is the case then she's not required in law to return any of the rent.

mocoduckling96

Quote from: Mortimer on August 13, 2019, 03:24:43 PM
I understand from what you say that you signed a 12 month contract to end on 9th September 2019, and she won't get full possession of the property back until 9th September because one of the parties hasn't moved out.  If this is the case then she's not required in law to return any of the rent.

Hi, thanks for the reply. Sorry if it was unclear but the housemate who didn't want to move out of the property early DID move out because she thought it was required of her, which the landlady suggested. We all returned the keys for this date because we believed our deposit might be at stake.

Mortimer

That may be a bit different, then.  When she asked you to move out early, what paperwork did she give you?

mocoduckling96

Quote from: Mortimer on August 13, 2019, 04:07:03 PM
That may be a bit different, then.  When she asked you to move out early, what paperwork did she give you?
None to be honest, she just asked us to in an email because she wanted to start renovating the house including work inside our rooms as soon as possible.

Mortimer

Oh, good, she's not a paperwork sort of person.  Check if she protected your deposit.

In the meantime, email her telling her that she asked you to move out, and you complied in good faith, so you'd like her please kindly to refund the overpayment that you made.

mocoduckling96

Quote from: Mortimer on August 13, 2019, 07:07:34 PM
Oh, good, she's not a paperwork sort of person.  Check if she protected your deposit.

In the meantime, email her telling her that she asked you to move out, and you complied in good faith, so you'd like her please kindly to refund the overpayment that you made.
Thankfully she has already stated in emails to the letting agents that we will all be receiving our full deposits. That is good advice, thank you!