My wife and I originally had an AST until the end of March 2024. We purchased a house and moved into it in February, but were still paying rent on the property, which was fair as we were contractually obliged to do so. As we paid monthly, we paid the final month’s rent on 1st March. However, we confirmed (in writing) with our Landlord that we were happy to move out earlier by mutual consent if a replacement tenant could be found, with the overpaid rent paid back to us. A suitable new tenant was found and we handed over the property–including the keys–a couple of weeks ago. However, the Landlord is now not refunding us the overpaid rent.
I assume that he has no leg to stand on legally, but is obviously going to avoid paying back the overpaid rent for as long as possible (and, if he gets his way, forever). I am wondering if I can file a Police/crime report against him for Illegal Eviction, given that I am still paying rent on the property, but do not have access to it, as I have relinquished the keys? I can probably resolve the matter civilly, but I am wondering why I should when he is a petty criminal who shouldn’t be operating as a Landlord anyway. It is not a stretch of the imagination to assume that his behaviour with other Tenants is similarly predatory. Would anyone be able to advise on the best course of action? I want to get my money back, and I am sure that I will eventually, but there is a fairness issue here, as well as a safeguarding issue that this Landlord may be dealing similarly unfairly with people less welling or able to stand up to him.
I don’t think you have a leg to stand on as far as illegal surrender is concerned as you surrendered the keys. What has happened as regards your deposit? Is the LL refusing to hand the money back or not communicating?
You could write a ‘letter before action’ stating that unless the money (specify the amount) is returned by a set date you will file at the County Court & add the fees to the claim. Money Claim Online (MCOL) is pretty easy to do & fairly cheap. As long as you have the evidence to support your claim you should win, but the LL will probably just pay up.
You could certainly try a letter before action as Tricia says. You could also contact the local authority housing to report a breach of the Tenant Fees Act.
Thank you both for your responses. The Landlord is not communicating (refusing to answer correspondence) on the overpaid rent, but is communicating from the same email address about the Deposit (from which he is trying to make egregious deductions, but that is another issue).
We only agreed to ending the tenancy early in return for repayment of overpaid rent (explicitly, and in writing, agreed by both parties). Since the Landlord failed to return the rent, I would think that the “early break” agreement is essentially null and void and thus that we are still, technically tenants, as we have paid rent until the end of the month. However, since he has taken the keys from us and moved someone else in, we have been barred from accessing the property whilst still being liable for the rent, and–I would assume–technically still tenants (since he reneged on the terms of the agreement to break contract). In a legal sense, I would have thought that we have essentially been either illegally evicted, or at least illegally denied access to property that we are renting. Obviously there is also the issue that someone else is living there under an AST (and paying rent), but ours has not actually been dissolved.
I can go down the Letter Before Court Action route if the Landlord’s behaviour is just a civil matter. I would have thought it was more than that though. Thanks again.
Then you need to speak to a solicitor who specialises in the private rental sector. They should even offer you an initial consultation free and you can establish your options and likely outcomes.
It’s certainly more complex than anyone here can give you watertight advice about.
I’m not sure what you mean by “more than that”. I don’t think the Police would be interested for example. As I said, I think it could be argued as a breach of the Tenant Fees Act though and Trading Standards have a duty to enforce that. Do you have evidence that he is now letting to another tenant that you could show a court?
I understand you feel aggrieved but seriously it is not going to be worth getting a solicitor involved unless it was a huge amount of rent & no-one is going to get involved as an illegal eviction when there is an agreement in place & to surrender & you retuned the keys even if the over paid rent has not been returned.
You can go one of two ways:
Deal with the over paid rent & the deposit deductions at the same time
Refused to deal with the deposit until the over paid rent has been returned.
I’d be inclined to do the former - it may be the LL is keeping the over paid rent because they are trying to claim more than the deposit or intend to use it as leverage over deductions. They have to prove to the DPS that the deductions are fair & you have the opportunity to counter their claim.
Talk to Shelter or Citizens Advice. I don’t think the landlord is entitled to double rent. if there are legitimate deductions you could argue the witheld rent might be sufficent, but you need advice
The landlord is certainly not allowed to accept rent from more than one source for the same property/period. He is also not allowed to use overpaid rent for alleged property damage.
Thank you all for your responses. I think the Landlord is holding the overpaid rent either as leverage (e.g. thinking that I am more likely to agree to unreasonable deductions if I think that that will get him to repay the rent) or just because he hopes I might give up chasing it in the interests of a quiet life. I will likely just have to pursue him via civil means.