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moved out 1 month before the end of lease,landlord has moved someone in before our lease is finished!

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315 views 1 replies latest reply: 15 February 2016
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Tenant

Just wondering if anyone can help me. We have moved out of our rented house. The lease ends on the 26th of February,we moved out 15th of January. Landlord was happy with this but we were still liable for the final months rent and utilities. We have found out that someone has moved into the property on the 2nd of February. The utilities are still in our name and we have paid for our final month. We also have not rwcieved any notification of this.I am wondering if the landlord can do this and what the options are. Also we were going through a letting agent. 

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Administrator

Hi Paul

I’m not a lawyer but I don’t think it’s legal to charge two tenants with two separate tenancy agreements rent for the same property at the same time. Your tenancy should come to an end before the new tenancy starts because, in theory, up until your tenancy ends you still have a legal right of access to the property. So, in theory, you can still enter the property and live there if you want to and the landlord can’t deny you access or they are in breach of the tenancy agreement.

It might be worth pointing this out and asking for a refund from the date the new tenant moved in – there’s no reason why the landlord should be able to collect double rent, it’s not a ‘perk.’ If you don’t get a decent response then you could speak to someone at Citizens Advice or a law centre about making a court claim for a refund of rent via the courts (not that difficult to do). If you go via the agent and they are obstructive then just go direct to the landlord – the contact details should be on your tenancy.

Did you do an inventory before leaving? If not then the landlord may struggle to be able to make any claim on your deposit because it will be hard to prove that it was you, and not the new tenants, who did any damage. 

Alex

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