Costs section not on tenancy agreement

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    Costs section not on tenancy agreement

    I used an online tenancy agreement template. I can't remember where I got it from but it doesn't have a section that says the T will be liable for any fees etc should he default on his agreement and needs to go to court for repossession or arrears for example/ Will I still be able to add costs to his bill ?

    #2
    Court, probably yes; ADR via deposit scheme, probably no.

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      #3
      There's no deposit.

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        #4
        The courts if you are doing a S8 or a S21 will award costs to you if the judge is in your favour, it has nothing to do with whether or not it is in the tenancy agreement. If you can't claim on the deposit scheme you can then go for a MCOL claim to get the money owed.

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          #5
          Thanks Ash. Now you mention it that's a logical conclusion. With this particular T the council homeless team insist I won't be able to charge fees etc and have told him to stay put. I insisted they tell the T but they repeatedly refused. I felt that in all fairness I should tell him they wouldn't tell him so I have. He replied that he might be foreign but he's not stupid. I did my best. I'll be going for a MCOL when he's out.

          edit: my brains a bit mushy over this, even though it's not a particularly big issue. This is the T who has his wife staying. I am unable to let the other room (£80 pw) because his wife makes person no5 in the house and his wife shouldn't be there as she's not on the TA and is causing overcrowding in his single room (two adults in a single bed) and bringing the number of people in the house to 5 so I potentially need to pay the council £510 (they are being understanding about this as I've done everything I can to get the woman out). And as I've only got one toilet in the house I can't have a 6th person in. I'm attempting to charge £35 a night for the wife to cover loss of rent for the other room, additional heating W&T etc. He said he'd pay then hasn't.

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            #6
            Originally posted by Berlingogirl View Post
            I used an online tenancy agreement template. I can't remember where I got it from but it doesn't have a section that says the T will be liable for any fees etc should he default on his agreement and needs to go to court for repossession or arrears for example/ Will I still be able to add costs to his bill ?
            That's a general legal principle relating to the law of contract.
            It doesn't have to be part of the contract itself.

            A loss arising as a result of a breach of the terms as a contract can be claimed from the breaching party.
            The loss has to be real, arise from the contract and mitigated.
            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).

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