Rental Property

[pinkjudy45]

I rented a flat in May 2021 for six months and paid the full rent up front, the tenancy ends on 14th November. I actual moved out in July, but kept some furniture in the flat until the end of October. I have just gone back to do an end of tenancy clean and found another tenant in the property, who quite rightly asked me to leave (because as far as he’s concerned he’s the tenant). What I want to know is, where if anywhere do I stand legally to get a refund

[Peter Pedant]

yes write to the landlord and ask for your furniture - or its value
and for the rebate on the time someone else was there

did you ask him

clearly against the law - on the facts given he just cant take possession with the usual doo-dah

[Peter Pedant]

did you ask him when he moved in?
didnt he ask why you had a key?

[Buenchico]

There's discussion on this subject here. (It's from a landlord's point of view but still relevant anyway, I feel):
https://www.property118.com/taking-rent-tenant-overlap/

The answer provided by Kate Mellor, on that thread, seems to sum up the legal position quite well. i.e. by accepting the new tenancy, the landlord has, in effect, agreed to release you from your own tenancy early.

Before considering any formal route to get a refund, simply write to the landlord (and/or letting agent), pointing out that the landlord ended your tenancy early and that you therefore believe that you are due a refund of your rent for the relevant period.

[Peter Pedant]

excuse me
if leddy has paid up to Nov 14th
then the landlord does not have the power to end the tenancy without going thro the usual fol-de-rol

( stuffing the keys frooda landlords door is usually taken as giving up the tenancy)

I wdnt dream of doing this if the tenant has given no notice
You have to go frooan abandonment procedure which one of life major pains in the foo-foo

[Peter Pedant]

// https://www.property118.com/taking-rent-tenant-overlap///

come on come on !

first sentence is that he checked out in the 118 discussion. On the facts here, Pinko didnt AND acted as tho she were still in possession ( furnitire)

AND if she had checked out - then she wouldnt have been allowed to leave furniture. skip job. it is such a PAIN when people dont follow the well known rules

[THECORBYLOON]

PP, whether the correct procedure or no, the point is the landlord has apparently ended the tenancy and that is to PJ's advantage regarding a refund.

[Peter Pedant]

thank you
I hadnt seen that

[Hopkirk]

Don't bother. You didn't lose anything. Move on.

[pinkjudy45]

Thank you everyone for the advice, I still have the key to the flat because my tenancy doesn’t end until 14th November, the furniture I had in there (Peter Pendant) I moved out my self on 31st October, I told the landlord that I wasn’t living there and that I didn’t wish to renew my tenancy after the 14th November, so not sure if the landlord has got the wrong end of stick, but I still feel I should get a refund as the landlord has had my rent and the new tenants as well

[Peter Pedant]

try for the notice period

[ for anyone reviewing this in say 2022, on the facts first given there is clearly an unlawful eviction whilst in possession which is actionable

and then further facts 'clarify it' = ( change the position completely) because some sort of notice HAS in fact been given. ho hum this is AB I wonder why I take things seriously ]

[bednobs]

is it worth it for 2 weeks rent?
only you will know the answer to that

[Hopkirk]

The landlord shouldn't have done it, but didn't deprive you of anything. He won't pay out. Forget it.