Tenant’s demand for reimbursement of rent.

The parties entered into a lease for a definite period from 1 April 2020 to 31 March 2022 (inclusive). However, the tenant returned the rented premises on 17 January 2021. The parties had made an agreement, by e-mail, by which the tenant was to pay rent for February 2021, after which he would then be released from the obligations of the lease. The tenant demanded that, because the landlord managed to let the apartment out in February, the landlord reimburse him the rent he had paid for that month. The landlord argued that he had made a binding agreement with the tenant so that he [the tenant] could be rid of the obligations of the lease earlier. In addition, the tenant demanded that he be reimbursed for 15 days rent he had paid for April 2020. He said the apartment had not been made over to him until 16 April.

The Complaints Committee considered there was nothing in the communications between the parties to indicate other than that the tenant had agreed, without reservation, to pay rent for February 2021, by which he had secured his release from the obligations of the lease. Thus, the tenant was bound by the agreement between the parties, and consequently his claim for reimbursement of rent for February 2021 was rejected. In addition, the committee considered there was nothing to demonstrate that the tenant had not been offered to have the apartment made over to him earlier.

Conclusion: The tenant’s demand for reimbursement of the rent for the month of February, and for 15 days of April 2020, was rejected.