Q&As

A tenant has a lease of premises, has paid all rent under the lease until its expiry, is not in breach of the lease, but ceases occupying the premises. The landlord changes the locks and allows another into occupation of the premises. What remedy does the tenant have to seek recourse for the rent it has paid in advance?

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Produced in partnership with Carl Fain of Tanfield Chambers

Published on: 15 August 2018

For the purposes of this Q&A, it has been assumed that this is a fixed-term lease and not an assured shorthold tenancy.

The tenant is not entitled to be reimbursed rent paid in advance. Even if this set of circumstances could amount to a surrender of the lease, the tenant

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Carl Fain

Tanfield Chambers

Property and chancery practice with a focus on landlord and tenant. Work includes all aspects of commercial and residential landlord and tenant including dilapidations claims, business tenancy renewals, enfranchisement, rights of first refusal, RTM, appointment of managers and service charge disputes.

Real property disputes including mortgage related claims and in particular LPA receivers, property related professional negligence, co-ownership, easements, nuisance, restrictive covenants, boundary disputes and Party Wall Act matters.

As well as appearing frequently in the County Court and the High Court, Carl has represented clients in the First-Tier Tribunal (Property Chamber), the Upper Tribunal (Lands Chamber) and the Court of Appeal.

"Very bright, gets on well with clients and is a terrier in court" and "he's extremely knowledgeable, doesn't balk at any points and is ready with the answers." Chambers UK Bar Guide 2018 (Real Estate Litigation)

"A hidden treasure; he is very bright, good in court and with clients, and always goes the long mile without being asked."

Legal 500 2017 (Property Litigation)