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Buachaill, Barrister
Category: Law
Satisfied Customers: 10981
Experience:  Barrister 17 years experience
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I have had a lodger (excluded occupier) here on a six

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Hello. I have had a lodger (excluded occupier) here on a six month contract with a one-month break clause. She gave me very short notice for leaving which was during the last month (December - this month) before the contract expires/d but did pay for that last month in full. Is she legally entitled to a refund if I am able to find a new tenant to replace her before the end of the month or is this a matter for the landlord's discretion? (She has now left the property and returned the key and we are half-way through this last month of the contract.) I ask because the short notice has resulted in me cancelling meetings and tutorials and losing business earnings (I am a tutor) as well as wanting to know what the rights are for both parties. Finally, are the rules different for tenants and excluded occupiers?
1. The rules are not substantially different for tenants and excluded occupiers. Here, you are not obliged to refund any monies to the lodger even if you get a new lodger before the one month's notice is up. Essentially, you are entitled to keep the money for the month's notice irrespective of whether you manage to get in a new lodger in that one month period or not. There is no obligation on you to refund money to the lodger if you manage to get in a new lodger before her one month notice period is up. However, if the one month notice period expires before the end of the six month period and the lodger has paid the full six months money, then the lodger is entitled to the money back for the period after the end of the notice period and before the six months is up. Essentially, the one month's notice period brings the agreement for the excluded occupier to an end. So at the end of the notice period there is no longer an agreement in place for which rent is due.
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Customer: replied 2 years ago.
Thank you for this. I definitely understand the first half but not entirely sure about the part following 'however'. So, here's the situation: she took a six month contract from the 29th of June to the 28/9th of December. She paid the rent monthly. She paid December's rent in full, thinking that she might move in January. She then gave notice to me on the 30th of November that she would be leaving on the 9th or 10th, and only formally actually on the 7th. If I have a new tenant moving in today, is she entitled to 14/15 days' refund? (Esp as I have lost £100 in earnings, the legal fees of this advice etc).
Customer: replied 2 years ago.
To clarify - on the 30th of November she told me she'd be leaving on the 9th of December.
3. No, your tenant only ended the excluded occupier agreement from 29th December by giving the one months' notice on 30th November. So you are entitled to keep all payments to include up to the end of December. So your tenant is not entitled to 14/15 days refund.
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