12 Month Fixed Tenancy, Refund Of Rent Paid In Advance

[CW1]

Hi,

I've given a my tenant notice to leave in 3 months, when the 12 month agreement is due to be renewed. They paid 12 months in advance due to self employed status & not passing a credit check & would've wanted to pay monthly if I were to renew it (which I had intended to do until recently).

They're asking if I would reimburse them for a period if they were to leave sooner. My feeling is I would reimburse for a period to June from when the property was re let or sold though I'm not actually *obliged* to. Is that right ?

[Buenchico]

This information, from the housing charity Shelter, is written from the tenant's perspective but it confirms what you've suggested:
https://england.shelter.org.uk/housing_advice/private_renting/how_tenants_can_end_a_fixed_term_tenancy

[ladybirder]

My own experience is that I once paid upfront for a year's rent in November while waiting for my new property to be completed. My property was completed earlier and I asked if I could leave end of June. It was agreed that if they could relet the property from 1 July I would get my money back in but if it took a time to relet it then I would lose that money until it was relet. Hope that makes sense. It did get relet in time and I got my money back. I thought that was very fair on both myself and the landlady.

[ladybirder]

Forgot to say I had to pay her reletting charges, advertising etc, which again was fair - it was me that was breaking the agreement.

[Peter Pedant]

think judge judy
they pay for the time they stayed in the house

leaving without hastle has a cost ( the cost of them creating a fuss) and so you should go for it

and not go "niew niew niew - I will give you back 45%. OH! and there is a 10% surcharge for extra paperwork -- oo and 90p for the two letters but no charge for writing or printing them"

I am am]azed you dont know a good deal when you see one

[Peter Pedant]

commercial rents you make them pay up to the day the contract determines and sad everything else

[Peter Pedant]

a cautionary tale
North Yorks and I had ca colon so cdnt take the windblown house for a fortnight. the night was dark and the wind howled up and down the valley like a howling thing. never delegate - I asked my sister in law to cancel and she appears to have said - "and keep the rent whether you can relet or no." someone elses money etc

so I took it two years later and recalled my illness and it was obvious that the landlord HAD been able to relet without loss. and that she had blamed her quick footedness to her husband being diagnosed with advanced ca prostate that very month ! he died.

and I have been very careful to be fair and honest after that. she had this agonised look of "and I thought I was being so clever and turning a quick buck and look what has happened!"

[CW1]

Thanks Buenchico, that's what I thought. & thanks for the link, I may send that to them.

ladybirder, I think it's fair too though, in your case (well, & mine I s'pose), your landlord would've needed to pay the fees involved for re letting when your tenancy ended naturally, was obviously not a long term let, so not sure why you "had" to pay those. Can imagine what'd be said to me if I suggested that ! LOL

peter, "I am am]azed you dont know a good deal when you see one"
What the hell does that mean !!?? & this has nothing whatsoever to do with me making a "quick buck", this will actually cost me - rents have dropped slightly for one though there other reasons too. Wasn't my choice to have a 12 month contract or be paid in advance, they're no longer looking after the place properly, contravening the TA left, right & centre, & won't update me on "post leak" issues. We were always going to renew but what's happened in the last couple of weeks is just not acceptable. Last thing I want to do at this present time is look at re letting or selling, *I* don't need the hassle.

[Peter Pedant]

peter, "I am amazed and appalled you dont know a good deal when you see one"
What the hell does that mean !!??

it means that there is an on cost to getting someone out
which depending on how the landlord screws it up - can be very expensive

suppose tenants contract determines Mar 31
and they leave - yippee - on cost is nil ( cost of cleaning and repainting etc)

now suppose it determines on Mar 31 and they stay
well it is a notice to terminate
which may well take you up to May 31 and if they decide not to pay rent you lose at least £1000 - rents being £500 /m up here
then you apply for a court date for eviction - another six weeks at least so that is an extra £750 - say up to £2000
court hearing and then bailiffs when they arent out after 6 weeks
say three thousand - then cost of bailiffs and of course clearing up after they have one

what did I say : "I am amazed you dont know a good deal when you see one"
What the hell does that mean !!??

er you must have guessed - - - I am a landlord

[Peter Pedant]

so I put possession without a fight on the soonest date
as having a value of between 3 and 6 thousand pounds

if they are in arrears I forgive the arrears so long as they are out on a certain date ( soon - seven or fourteen d)
guarantors very keen on this sort of deal and may even put them up!