Claiming back reduced rent from tennants deposit

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    #16
    Originally posted by sparky1970 View Post
    I understand the rules around this is that I could only claim for 2 months of missed rent and NOT the remainder of the contract in full if the tenant have moved out.
    Unless the contract has terms about that, you can usually claim for the full fixed term of the contract.
    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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      #17
      jpkeates,

      Thanks.
      The tenant is a small business owner and claims that their income has been reduced, that is all I know.
      I guess what I am looking for is advice on my rights when it comes to taking this to court later down the line. If there is a £15k balance left and the tenant leaves without paying the last few months rent in order to ensure I do not deduct the difference, who would a judge favour given the circumstances? Would I have to be seen to start an evication process and if the tenant is offering to leave if we cannot agree then that would be unessasary anyway!

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        #18
        Unless the tenancy agreement is very unusual, the fixed term of a tenancy is the minimum term it can last and, unless the agreement allows for it, neither you nor the tenant can unilaterally end it early.
        If they have agreed to rent the property for 12 months at a rate of £10,000 per month, they have to have possession of the property for 12 months and pay you £120,000 in rent.

        Anything you agree between you to vary that is fine, but neither of you have to agree to what the other requests.

        If the tenant made some kind of counter claim (for disrepair or that the property wasn't as advertised for example) the judge might be sympathetic, but I don't think they'd have any real discretion otherwise.
        You can imagine how many tenancy agreements are in place and it would be a enourmous change if a fixed term wasn't really fixed.

        It's some successful small business owner who can have their income reduced but still afford £90k per annum rent.
        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
          It's some successful small business owner who can have their income reduced but still afford £90k per annum rent.

          That is a valid point. Some people like to live the high life. I have known business owners who faced bankruptcy and still kept their luxury cars, because they would n't be seen dead in a Ford. I suspect, that could be the same for his tenant.

          If the tenancy runs out December 2020, what happens after that?. What is the demand for your sort of property?

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