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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 5792
Experience:  English solicitor with over 12 years experience
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Just a final "yes/no" answer to my original question: Do I

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Just a final "yes/no" answer to my original question: Do I or do I not have to pay the final month's rent on quitting a rental property after 12 months, bearing in mind that I paid a deposit PLUS a month's rent upfront - "in advance" of first occupying the house a year ago?
JA: You end up paying for the answer if you are satisfied with it.
Customer: I'vejoined up with you. Currently on the 7-day trial. Make a difference?
JA: Where are you? It matters because laws vary by location.
Customer: Devon, UK
JA: What steps have you taken so far?
Customer: I've given notice to quit (one month) and to avoid trouble, I've paid for the final month after greedy landlady demanded it, but I'm not happy. What happens to that payment "in advance" if I don't get it back, or it doesn't go towards paying for that final month's rent. She says I DO NOT GET IT BACK...
JA: Anything else you want the lawyer to know before I connect you?
Customer: The deposit I paid is, apparently, protected, but I was not given the details until I asked for them a year later, on quitting. There is a discrepancy between what the DPS say they have as deposit and what the landlady says she has - in her favour, of course.

No, you should not pay the final month's rent as you would have already paid 12 months rent for a 12 months tenancy.

All the best. Please click on 5 stars

Customer: replied 3 days ago.
Hi you've been great and thank you. 10/10! One last thing though, before you go: Because of her persistent demand for that final month's rent and because I couldn't get an answer quickly enough, I succumbed and actually paid it just this pm. How do I get it back? She will NOT give it up without an almighty fight - and even the estate agent that handled the initial let (before she wrested control from them!) sides with her: I HAD TO PAY!

Oh dear. Paying is easy, getting it back is difficult/impossible.

Are you able to stop payment by any chance? If not, you may add that amount to your claim for the deposit and the penalty of 3 times the deposit and claim it through the courts, if she refuses to pay it back as per the letter you will write to her.

Good luck

All the best

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