Can L claim eviction costs?

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    Can L claim eviction costs?

    A fixed term AST has a clause that says T must get out at the end of the tenancy fixed term period and there is another clause that says T must pay L's solicitor costs for actions to remedy breaches of the agreement.

    L has asked T to get out at the end of the fixed period but T has nowhere to go. If T does not leave at the end of the fixed period can L recover costs of proceedings to remove T?

    If T stays on against L's wishes will it become a periodic tenancy?

    I think L has no leg to stand on because L is rogue L. L has not issued s.21 notice nor have they provided prescribed documents to be entitled to do so.

    I would like some of your views on this thanks.

    #2
    Originally posted by bureaucrazy View Post
    A fixed term AST has a clause that says T must get out at the end of the tenancy fixed term period and there is another clause that says T must pay L's solicitor costs for actions to remedy breaches of the agreement.
    The term is possibly unfair, but the landlord could conceivably demand compensation for any loss arising from the breach (which they would have to keep to a minimum).
    I don't see what loss there could be, though.

    The other clause (about payment) is probably unfair. It's possible that a court would award the costs in such a case, but you can't agree up front to costs to remedy any breach of contract - if for no other reason than you couldn't possibly know what they are and couldn't reasonably be expecting to breach the contract at the point of agreeing it.

    L has asked T to get out at the end of the fixed period but T has nowhere to go. If T does not leave at the end of the fixed period can L recover costs of proceedings to remove T?
    If the landlord is able to get a court order to allow possession, the court costs would typically be awarded against the tenant, as they'd have lost the case.
    But, in this case, the landlord has no chance of doing that.

    If T stays on against L's wishes will it become a periodic tenancy?
    Provided it's an assured or assured shorthold tenancy, yes.

    I think L has no leg to stand on because L is rogue L. L has not issued s.21 notice nor have they provided prescribed documents to be entitled to do so.
    If the landlord hasn't served notice, I'd say they have no legal route to try and end the tenancy.
    And, as you say, if they can't serve a valid s21 notice, they're stuck with a s8 notice (again assuming its an assured or assured shorthold tenancy).

    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


      #3
      Thanks for your comments. In practice L is not able to get anything from T without a court order. T is well behaved so there are no s8 grounds that are likely to work. People in business breach contracts sometimes when the costs of doing so are outweighed by the benefits.

      I have seen courts making costs orders based on contractual costs clauses for breaches of contract even in the small claims court!

      However, in this case, I agree the term entitling L to costs would be unfair if it would serve to pressure T to leave through fear of cost when L has not served valid notice and has not complied with rules to allow s.21 notice in the first place. I think it would undermine T's statutory rights if L could make him leave without L complying with the law or following the correct procedures.

      Is it too late for L to serve the how to rent guide and protect the deposit now? If L remedys this, can he then issue s.21?

      Apparently, L has told T that if he does not leave on time his rent will increase 50%!

      Comment


        #4
        Weird (tenancy): Are you agent, adviser, friend of tenant - what, please in this matter?

        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

        Comment


          #5
          Originally posted by bureaucrazy View Post
          Thanks for your comments. In practice L is not able to get anything from T without a court order. T is well behaved so there are no s8 grounds that are likely to work. People in business breach contracts sometimes when the costs of doing so are outweighed by the benefits.
          One of the grounds for a s8 notice is a breach of the terms of the tenancy agreement.
          It's a discretionary ground and I don't think the landlord has a chance with this clause (which seeks to end the contract), but they could always try

          However, in this case, I agree the term entitling L to costs would be unfair if it would serve to pressure T to leave through fear of cost when L has not served valid notice and has not complied with rules to allow s.21 notice in the first place. I think it would undermine T's statutory rights if L could make him leave without L complying with the law or following the correct procedures.
          I agree - there's no way that term is enforceable (even if it's not automatically unfair).
          Is it too late for L to serve the how to rent guide and protect the deposit now? If L remedys this, can he then issue s.21?
          The landlord can serve the How to Rent guide at any point before serving the s21 notice.
          In order to remove the deposit "obstacle", they'd have to return the tenant's deposit before serving notice under s21.
          Apparently, L has told T that if he does not leave on time his rent will increase 50%!
          The landlord can serve the tenant a formal notice once the tenancy is periodic - the notice has the mechanism for an appeal to a tribunal who would assess whether or not the new rent was fair for the property and location.

          The landlord obviously wants the tenant to go and they'll win eventually.
          Is the property worth the stress?

          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


            #6
            L is not trying to get vacant possession, he is just greedy and wants T out so he can put the rent up.

            T says he only needs to stay a couple more months while he finds something else. I have assured him L is powerless to force him out in such a timescale but just wanted to check here to be sure there was nothing I hadn't considered.

            Unless L serves notice to increase rent, T should pay the usual rent on time.

            Thanks for your comments.

            Comment


              #7
              The landlord can't do anything legal, no (unless the arrangement isn't actually a tenancy or there's anti-social behaviour).
              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

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