Tenant Leaving Well before end of AST

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    #16
    I like this pragmatic approach. Language is a bit fruity. https://www.propertyinvestmentprojec...s-leave-early/
    "I'm afraid I didn't do enough background checks apart from checking her identity on Facebook" - ANON

    What I say is based on my own experience and research - Please don't take as gospel without first checking the gospel yourself.

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      #17
      Ignore JKO's bias,. not all Judges are NOT anti LL (unless they are called Jeremy Corbyn and some are said to have eased the timescale for Deposit protection for LLs.
      1 Judge may hold T to full fixed Term or decide min Fixed Term is only 6 months.
      It is difficult for a LL to compile a watertight TA., or even a Barrister.
      As linked article suggests you can require T to pay any amount, up to rent due for remaining Fixed term, for accepting their early Surrender, effective on mutual signing.
      Without it, you cannot evict T before end of fixed term or re-let.
      T may trash the place, requiring substantial renovation.
      How do you think he became rich?

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        #18
        A contract with a clear three month term is enforceable.
        While judges are random, there would have to be some grounds to set aside such an agreement (and the tenant would have to use them as a defence).

        Judges aren't particularly anti-landlord.
        They tend to be anti anyone trying it on.
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

        Comment


          #19
          Originally posted by jpkeates View Post
          A contract with a clear three month term is enforceable.
          While judges are random, there would have to be some grounds to set aside such an agreement (and the tenant would have to use them as a defence).

          Judges aren't particularly anti-landlord.
          They tend to be anti anyone trying it on.
          It's a three year term.

          Comment


            #20
            Originally posted by JK0 View Post
            It's a three year term.
            You're right - posting before sufficient coffee!
            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

            Comment


              #21
              A landlord is only entitled to rent when it is due, even if the tenant leaves and says he is not coming back. The landlord can only sue for rent which is due and unpaid. A landlord with a tenant who leaves and does not pay rent has two choices: either he maintains the tenancy and sues for rent at regular intervals or he forfeits the tenancy and relets. If he forfeits the tenancy he is not entitled to future rent from the defaulting tenant because the tenancy has ended and with it the tenant's right to possession and obligation to pay rent. This is ancient law.

              The court has no power to release a tenant from a tenancy and it is established that there is no obligation on a landlord to mitigate his losses.

              Comment


                #22
                Originally posted by jpkeates View Post

                Judges aren't particularly anti-landlord.
                Says a lawyer!

                Have you even looked at the link about my case JPK? There was no defence made to my application. The smart alec judge tried to pick holes in my application without even calling a hearing, as he was supposed to do. Perhaps just as well in the long run, as I was able to point out the flaws in his argument.

                Comment


                  #23
                  Originally posted by JK0 View Post
                  Have you even looked at the link about my case JPK? There was no defence made to my application. The smart alec judge tried to pick holes in my application without even calling a hearing, as he was supposed to do. Perhaps just as well in the long run, as I was able to point out the flaws in his argument.
                  I have read the thread.
                  The judge made a mistake (which is odd, because you'd think it would come up a lot if the form is completed automatically).
                  Which was subsequently corrected.

                  That doesn't strike me as a result of bias, just ignorance (which is possibly even more scary).

                  Judges don't like making people homeless and don't like people making claims they aren't entitled to.
                  That tends to negatively impact landlords.
                  But, I'd also expect them not to have much sympathy for a tenant trying to escape a contract they entered into.

                  But, one thing you can always rely on is a judge doing something unexpected.
                  When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                  Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                  Comment


                    #24
                    Originally posted by jpkeates View Post
                    I have read the thread.
                    The judge made a mistake (which is odd, because you'd think it would come up a lot if the form is completed automatically).
                    Which was subsequently corrected.
                    Not by him, it wasn't, nor in a timely manner. I suspect he stuck to his guns, and the court staff had to scratch around for someone else.

                    Comment


                      #25
                      Probably the case.

                      A phrase never used by a judge "Oh, that's right, I must have made a mistake".
                      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                      Comment


                        #26
                        Originally posted by CrushingLandlord View Post
                        did I mention there is guarantor too?
                        So your tenant is "rich". But he needed a guarantor?.....

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