Tenant leaving early after notice period, should unused rent be refunded?

[1234a12]

Hi everyone just looking for some advice. I've a tenant in the house that is on hap and pays a month in advance. We decided to sell the house and gave her 6 months notice . After 2 weeks she has found somewhere to rent and I've agreed she could leave early as I know how hard it can be to find somewhere. However now I have to refund rent for the rest of the month that she won't be there. This seems a bit unfair that I'm having to come up with this money when she's leaving so early with no notice? Does this seem right? I've said I'll return the deposit after inspection on the house which I'm sure will be fine. Any advice?? Thanks

She's been inconvenienced and a good tenant, be a nice landlord and give her the refund. She could of made your life very difficult.

If you are in Ireland which it sounds like with HAP once landlord gives notice tenant is entitled to leave at any time and are only liable for rent up to the day they leave.

No, if she moves council tax will then be charged on the new home. She isn't responsible for council tax on both homes.

Good decision OP and I hope you sell the house soon.

Yes, I should have said 'have been offloading or have offloaded' because it's too late now.

I did feel sorry for my late mum's tenants. They were a family of five, and it turned out that the rent has never been put up, so they were looking at having to pay double what they were used to, and in a market where little was available. But I had no option, as my mum died with massive care debt, and the property her only asset.

Your selling, it would be a lot more expensive to evict her with baliffs. Of course you refund her.

I would offer the refund but use it as leverage to ensure she properly vacates.

depends what country it is and therefore what law applies to the type of tenancy in place.

Council tax liability ==varies depending on England/Wales, Scotland or N Ireland and also whether it is a periodic or fixed period tenancy in place at point of vacation.

This is stuff that LL should know and not need to check on social media.

Just like the fact that rent due is based on a whole rental period, not a time apportionment. There is no legal requirement under statue law (E&W) to make a part refund for someone who leaves before the notice expiry date.

I’m a landlord - and yes I’d refund it as she’s only leaving on the principle that you are selling up.

It’s the least you can do.

You can be liable for council tax on two homes when you move from one rental property to another. The LL can agree to change the tenancy on the same date as the rent, but if not the tenant will still be liable until the end of the tenancy - then also on the new tenancy. Many tenants have an overlap when moving and it often catches them out, as they don’t realise this will happen. What’s worse if it’s a line tenant, they have to pay 100% in the property they moved out of.

the landlord will then take over the c/tax at the end if tenancy or sooner if they agree. Until the property is sold, contracts exchanged and monies changed hands

Surely the deposit isn’t with you?

https://www.theguardian.com/money/2026/apr/16/private-rents-great-britain-stop-rising-cut-prices-rightmove

What happens if it is?

I think the key thing here is that you agreed to her leaving early. Once you did that then you basically agreed to refund the money. What you probably SHOULD have done is said she can leave at the end of the month (or when her periodic rental period is up, which seems monthly). I told a long term tenant that after ten years I was increasing his rent and he said he would be leaving in two weeks - not the months notice that was in his lease. Frankly I was thrilled as I thought I’d never get him out and did want the house back. So agreed and he paid me for the two weeks that’s it.

@KeepPumpinga landlord MUST either put the deposit in a government approved scheme OR pay for it to be insured through a government approved scheme. They must still register it and provide the tenant with details.

What are the consequences for not doing this?

Tenants can claim up to three times the deposit in compensation.

The main thing has been that a LL cannot serve a S21 notice without protecting the deposit. That’s not really relevant anymore though with the changes.

if the deposit is not protected via either the custodial scheme or the insurance scheme then the landlord is liable for an automatic fine (for which ignorance is not a defence) of between one to three times the value of the deposit.

The tenant is also entitled to immediate return of the deposit in full with no deductions at all made from it.
The LL would need to open a separate court case to sue for any damages

Ok, thanks, definitely worth following the rules on that one.

So the changes mean you can only serve notice for very specific reasons instead of because you feel like it or fancy getting the painters in?

Depends what your contract says. Its normal to end at the end of the month (eg is contract started 10th, you'd end on 9th).
I'd only pay back what is contracted ... having been taken for a severe ride by an ex tenant.

Pay it back ! Your tenant is saving you a load of potential hassle by going early. Imagine if she had found anywhere at the end of the notice period. The LA would be advising her to stay put until you managed to get her evicted through the court so she doesn’t make herself intentionally homeless - which cost you time and far more than 2 weeks rent . Also prospective buyers will feel more comfortable if the tenant has already left as they dont want any potential problems come completion .