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Can a tenant leaving early get a refund?

This post is more than 11 years old

May 12, 2014 by Tessa Shepperson

flatsHere is a question to the blog clinic from Andy who is a landlord

My tenant has left his tenancy 11 days earlier than agreed and has requested a refund on the 11 days as he had paid in advance.  Is he entitled to this?

No.

When your tenant signed his tenancy agreement he entered into a legally binding contract with you to pay rent for a period of time – let us say this is for six months.

Under the terms of the contract, you are entitled to the rent for that six months (normally on a month by month basis).

The tenant cannot unilaterally change this by moving out early.  He is bound by his contract.  He is liable to pay you whether he is living there or not.

In some circumstances you might AGREE to a rent refund if he moves out – but thats up to you.  You don’t have to.  And the tenant cannot force you to, by just moving out early.

If your tenant says that this is unfair because you are charging for somewhere he was not living in – well thats his fault.  He didn’t HAVE to move out.

The property was available for him to live in until the end of his six months, so you had performed your part of the bargain.

So it is quite in order for you to say no.

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Filed Under: Clinic

Notes:

Please check the date of the post - remember, if it is an old post, the law may have changed since it was written.

You should always get independent legal advice before taking any action.
Please read our terms of use and comments policy. Comments close after three months

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Disclaimer

The purpose of this blog is to provide information, comment and discussion.

Please, when reading, always check the date of the post. Be careful about reading older posts as the law may have changed since they were written.

Note that although we may, from time to time, give helpful comments to readers’ questions, these can only be based on the information given by the reader in his or her comment, which may not contain all material facts.

Any comments or suggestions provided by Tessa or any guest bloggers should not, therefore be relied upon as a substitute for legal advice from a qualified lawyer regarding any actual legal issue or dispute.

Nothing on this website should be construed as legal advice or perceived as creating a lawyer-client relationship (apart from the Fast Track block clinic service – so far as the questioners only are concerned).

Please also note that any opinion expressed by a guest blogger is his or hers alone, and does not necessarily reflect the views of Tessa Shepperson, or the other writers on this blog.

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