Voided AST ?

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    #16
    Im a Landlord, and I happily rescind the AST if I had failed to supply a gas cert, EPC, How to rent guide, receipts etc before a tenancy started and after the term start date if the tenant asked due to my mistakes. And return the £4000 (deposit, Months rent and fees) and count myself lucky.
    In this scenario, unfortunately its my student Son and mates.

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      #17
      Originally posted by kip22 View Post
      This is the dilemma, as the tenants never actually physically moved in, as the Gas cert was one of many documents not offered at the start of the tenancy and the tenants lost confidence in the landlord, the property and future financial problems among other repercussions.
      But the Landlord ignores these facts and is arguing the AST is still valid and trying to claim rent arrears for thousands for that reason.
      The issue is whether anyone took possession of the property - because that determines whether or not there's a tenancy.
      The contract is a separate thing.

      The documents other than the EPC have to be given to the tenants when the tenancy starts (the EPC can be provided as part of an advert or display in the property).
      If the tenancy didn't actually start, the requirement to give the documents also didn't arise.

      If there was a signed tenancy agreement and the tenancy didn't actually start (i.e. no one moved in), the breach is likely to be contractual.
      The landlord is entitled to either compel performance (very unlikely) or to compensation for reasonably foreseeable losses arising from the breach
      Whether the lost rent is part of that is up for debate, there's a plague, student circumstances are unique - the landlord might argue that it is pretty obvious that they wouldn't be able to find a replacement set if students.
      But the loss has to be actual, they can't claim for rent that hasn't failed to be paid yet, only to date.

      If the tenancy had actually begun, the failure to provide the documents doesn't prevent the tenancy from starting and the rent for the fixed term is due to the landlord as it falls due.
      A failure to provide the prescribed documentation happens fairly regularly (some landlords aren't very good at the job) and expecting that failure to void a tenancy (or even a contract) is unrealistic.
      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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