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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 8445
Experience:  I have been practising for 30 years.
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Landlord has rented out my flat whilst I still had 9 days

Resolved Question:

Landlord has rented out my flat whilst I still had 9 days left on my contract
Submitted: 4 months ago.
Category: Law
Expert:  F E Smith replied 4 months ago.

Had you moved out or did you still have stuff in the building? Was your rent paid up-to-date?

Has the new tenant now moved in?

Could you explain the situation in detail please it is that you want to know about this? Thank you

Customer: replied 4 months ago.
I had moved out as had to move quickly to get the flat I wanted in a different location .
There was nothing in the flat it was left clean and tidy.
Rent was paid up to 24th of June 2016 as having had a stroke last year I had no income to show so always paid three months up front .
I went there today as was going to stay the night as not keen on long driving and a family had moved in on the 16th of June without communicating with me .
Reason I moved out was the landlord wanted me to sign up for the year and I said I would prefer to stay on the advanced three month , he then gave me a month to get out , the agency step in and got me three months as I am not as quick thinking as I was but after that I just wanted out , as felt as if he was pushing me ,
Expert:  F E Smith replied 4 months ago.

Thank you. If someone else is now in the flat, the most sensible solution is for you to be refunded the rent from 16 June to 24 June, although you actually have a claim surprising though it may sound for unlawful eviction.

If you had to make alternative arrangements for accommodation on that night, then you would be entitled to that cost also although if you were to claim that, the landlord would probably raise the issue as to where you were going to stay if the flat was empty.

If the landlord won’t pay you the rent at least then you are faced with taking him to the Small Claims Court. He is not entitled to the windfall of being paid double rent from the 16th to the 24th.

Can I clarify anything for you?

Please don’t forget to rate the service positive. It’s an important part of the process by which experts get paid.

We can still exchange emails.

Best wishes.


Customer: replied 4 months ago.
I went to the agency today and they said the woman dealing with that property was not in and they would contact me later , they did not respond .
I took my lilo and sleeping bag with me but I decided to drive back to my new place as felt as if I was being conned ,
Got an email from agency this morning to say the landlord was giving me my full deposit back , they did not say about the family had moved in or any reemburstment , if I had not gone to Sheffield today for other business they would not have told me
Expert:  F E Smith replied 4 months ago.

Provided you left the property in good order you are entitled to your full deposit back anyway so they are not actually giving you anything.

You are still entitled to the rent. They are unlikely to volunteer it if you ask. You can point out that your tenancy ends on the 24th and that unless you get your additional rent back in respect of that period, you will be moving back in tomorrow! In which case, they will need to the tenants!

If the landlord did not put the deposit in a recognised tenants deposit scheme, then you are entitled to compensation of up to 3 times that deposit. I assume the landlord did protect the deposit in the scheme.

F E Smith, Advocate
Category: Law
Satisfied Customers: 8445
Experience: I have been practising for 30 years.
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