Need advice - moving out early

dmcg90

Hi there,

I gave notice that I'll be moving out of my apartment 2 weeks ago and my landlord said if I moved out early she would refund the rent we have already paid/used for the month and our deposit.

We moved out yesterday and our landlord is now refusing to give rent back unless she finds another Tennant. Something we wouldn't have proof or notification of if she did within the next two weeks.

What position do we have legally?

MarkAnthony

Contact threshold/FLAC/Solicitor for legal advice, practically speaking it's difficult to know without knowing whether you have a lease, was the lease up, Part IV or where you simply a licencee (usually living in a shared house).

Arbiter of Good Taste

There are plenty of threads on notice period.

Regardless of your situation, two weeks notice is insufficient notice (I'm assuming the property is not uninhabitable). So you're unlikely to have a legal leg to stand on. If all the landlady is doing is not refunding two weeks rent I would say you've gotten off pretty lightly.

Edit: unless of course you are living with the LL, in which case you are a licensee and the rules are different.

dmcg90

Arbiter of Good Taste wrote: »

There are plenty of threads on notice period.

Regardless of your situation, two weeks notice is insufficient notice (I'm assuming the property is not uninhabitable). So you're unlikely to have a legal leg to stand on. If all the landlady is doing is not refunding two weeks rent I would say you've gotten off pretty lightly.

Edit: unless of course you are living with the LL, in which case you are a licensee and the rules are different.

The lease was indeed up. We gave 30 days notice (two weeks ago) and the landlord said if we moved out earlier we would get the rent back.

the world wonders

Arbiter of Good Taste wrote: »

Regardless of your situation, two weeks notice is insufficient notice

The landlord and tenant are free to agree a lesser period of notice, as long as they agree it when the notice of termination is given:

69.—(1) Subject to subsection (2), the landlord or tenant may agree to a lesser period of notice being given than that required by a preceding provision of this Chapter and such lesser period of notice may be given accordingly.


(2) Such an agreement to a lesser period of notice being given may only be entered into at, or after, the time it is indicated to the tenant or landlord (as appropriate) by the other party that he or she intends to terminate the tenancy.

El_Duderino 09

dmcg90 wrote: »

The lease was indeed up. We gave 30 days notice (two weeks ago) and the landlord said if we moved out earlier we would get the rent back.

Did the landlord say it in writing?

dmcg90

El_Duderino 09 wrote: »

Did the landlord say it in writing?

Over the phone.

dmcg90

The landlord is now saying that they'll refund me the difference once they get a new tennant in but only from that day. So my lease ends March 1st.

If the tennant moves in Feb 28th, I'm due back 1 day of rent.

All sounds reasonable bar the lanlord advertising the property to move in on March 1st. I've been reassured by the landlord that she is trying to get someone in sooner but it doesn't look like it.

El_Duderino 09

dmcg90 wrote: »

Over the phone.

Sounds unfair but I doubt your case would be great unless you could prove she made that offer.

Stojkovic

Move back in.
I doubt he's changed the locks already.

Arbiter of Good Taste

Stojkovic wrote: »

Move back in.
I doubt he's changed the locks already.

For the sake of two weeks rent, which technically the OP is not entitled to anyway - and when there is a chance he misunderstood what the LL promised in the first place? Really?