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rent refund

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443 views 1 replies latest reply: 13 June 2014
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Tenant

We gave notice on our property on 28th March. The anniversary dye of the tenancy was the 15thm so the agent accepted notice with us leaving and having paid rent up until the 14th May.

We asked them to release us early several times during the period after we gave notice, and in the end, we were told we would be released from the tenancy early and gave back the keys on May 8th.

We had pid rent til the 14th and we reckon we are owed back 6days rent. We have asked a number of times and we’ve been told by the agent that she has ‘asked the landlord”.

Should we look at small claims court? Would we have a leg to stand on ? She is also trying to keep £277 of our deposit for things that we dispute are damage and should be looked at as fair wear and tear.

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Tenant

Hi Emily, thanks for posting in our forum.

Legally, by the terms of your tenancy agreement, you are bound to pay until the 14th. An early release is entirely at the landlords discretion; do you have a signed and written document for the early release? If so, then you are entitled to a refund of the 6 days rent. If not, it may prove very difficult to get this money from the landlord.

With regard to the deposit, did you sign a checking-in and a checking-out inventory? The comparison between the two documents is usually how wear and tear vs damage is viewed. If the damage in question does not appear on the checking-out inventory then it is up to the landlord to prove. You could always use a Deposit Resolution Service that comes free with Deposit Protection Schemes, but be aware that their decision is final. You could always phone them up to ask their opinion before you use their service.

See our article on deposit disputes for more information:

http://www.thetenantsvoice.co.uk/advice_from_us/deposit-disputes-3/

Good luck.

Disclaimer: This information is derived from personal experience and should not be relied upon as a definitive or accurate interpretation of the law.

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