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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6295
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hello, last month me and my partner moved into a sublet. We

Resolved Question:

Hello, last month me and my partner moved into a sublet. We were to move in on the 20th. There was no verbal/written agreement as to when we paid the rent. On the 23rd he asked us upfront for �100 for the days we had been living there up until the 1st July. He also asked for the next months rent of �550 which would be the months rent from 1st July-1st August. Due to the short notice of the request for rent it was agreed that we could pay him the �100 and then a further �275 until 2 weeks after when my partner could come up with the rest of the money as he gets paid weekly. The money was withdrawn from
My bank and paid to my landlord in cash as requested by him. After he had then paid his rent with our money my partner came to the conclusion he would not be able to afford to pay him his half. We moved out on the 29th and he is refusing to pay the �275 back. Do we have any rights to get this money back?
Submitted: 11 months ago via Tenancy Agreement Service.
Category: UK Property Law
Expert:  Thomas replied 11 months ago.
Hi

Are you effectively asking for half of the money you paid to be returned because you only occupied for less than half the time you agreed to stay?

Was other any agreement or indication about refunds?

Kind regards

Tom
Customer: replied 11 months ago.
It was agreed that the £100 was paid and we would not get that back as that was the money we owed for the time we had lived there for.the £275 was an early payment of the next months rent which we were not there for any of that month so it was agreed verbally that when he had found a new tenant he would pay us that back. He said he would ask the next tenant for a deposit which is what he would pay us back with. This has not happened and he is now saying he will only pay us £160 due to the inconvenience.
Expert:  Thomas replied 11 months ago.
Hi

I will be able to answer at 9

Tom
Expert:  Thomas replied 11 months ago.
Hi

Thanks for your patience.

Some of your dates aren’t referenced to the actual month. So, I will assume that you moved out on 29th June, which means that you were actually only in the property for 9 days.

To be honest, this is quite an unusual way of dealing with things in that you appear to have been given occupation before working out the money side of things, have not actually agreed the length of time that you would stay there and also what rights of termination you had. You also appear to have paid in cash, which is not ideal either unless you received a receipt. This leaves quite a messy situation.

If you agreed with the person that you would occupy the property for 1st July to 1st August for the sum of £550.00 then were decided not to then unless it was agreed or understood that you could terminate at any time and be entitled to a refund of any monies for the rent period that you had paid for then it’s difficult to see how you would be able to claim this money.

If there was an understanding that you would be entitled to terminate at any point and get a refund then you would in theory be entitled to the return of the money for the period that you did not stay there for. If this is the case then in the first instance I would write to him stating the arrangement and that the monies should be refunded to you stating that if he does not then you will issue a claim for the monies via www.moneyclaim.gov.uk

The problem is that if he claims that you agreed to stay for 1st July to 1st August for £550.00 and then didn’t (arguing you did not have a right to terminate) then he might issue a counter claim against you for the remaining rent that you didn’t pay. It would then depend on whose evidence the judge at county court attaches the greater weight of evidence to.

Personally, I would consider pestering him in writing to see if you can get any money out of him but perhaps stopping short of claiming at court and consider it a learning experience to get everything in writing with clearer terms next time.

I am sorry.


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Kind regards,
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6295
Experience: BA (Hons), PgDip, Practising Solicitor
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