Liable for rent after eviction?

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  • Liable for rent after eviction?

    I am currently a tenant under an assured shorthold tenancy for a fixed period of 12 months. 6 months into the tenancy, the landlord is not happy with some accidental damage caused to the property and has served us an eviction notice.

    I have sought legal advice and been told that we have a high chance of succeeding if we wished to challenge this eviction, but we are so fed up of the situation that we are accepting it and vacating the premises by the end of the notice period.

    Today however, I have a recieved a letter from the landlord stating that not only must we vacate the premises leaving it in the state it was in when the tenancy started (we have done this and also are in the process of paying for all damage repair) but also that we must continue to pay rent after vacating the premises for the remaining six months of the tenancy.

    Are we legally obliged to pay rent when we have been evicted and can not enter the property as the landlord has ended the tenancy agreement?

    Many thanks in advance

  • #2
    Originally posted by mightyforlan View Post
    I am currently a tenant under an assured shorthold tenancy for a fixed period of 12 months. 6 months into the tenancy, the landlord is not happy with some accidental damage caused to the property and has served us an eviction notice.

    I have sought legal advice and been told that we have a high chance of succeeding if we wished to challenge this eviction, but we are so fed up of the situation that we are accepting it and vacating the premises by the end of the notice period.

    Today however, I have a recieved a letter from the landlord stating that not only must we vacate the premises leaving it in the state it was in when the tenancy started (we have done this and also are in the process of paying for all damage repair) but also that we must continue to pay rent after vacating the premises for the remaining six months of the tenancy.

    Are we legally obliged to pay rent when we have been evicted and can not enter the property as the landlord has ended the tenancy agreement?

    Many thanks in advance
    No, you're not. But keep all the paperwork relating to the section 8 eviction (assuming he has actually gone through this process - or did you just agree to go? It matters!)
    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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    • #3
      Originally posted by mind the gap View Post
      No, you're not.
      Thank you for the help. Does anybody know any legal authority for this, simply so I can quote it when I speak to the landlord?

      thanks again

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      • #4
        Originally posted by mightyforlan View Post
        Thank you for the help. Does anybody know any legal authority for this, simply so I can quote it when I speak to the landlord?
        Simple logic. If L ends tenancy by s.8 Notice, that ends rent liability too. True, L has no obligation to mitigate loss caused by T during the fixed term; but that pre-supposes the continued existence of the term. L cannot have it both ways!
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

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        • #5
          I have since got hold of solicitor who sent the letter on landlord's behalf and they said that they can still demand rent, although they weren't very clear as to why and I am very keen to avoid going to court. Any idea why they would say this?

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          • #6
            Originally posted by mightyforlan View Post
            I have since got hold of solicitor who sent the letter on landlord's behalf and they said that they can still demand rent, although they weren't very clear as to why and I am very keen to avoid going to court. Any idea why they would say this?
            Because client asked them to.
            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
            4. *- Contact info: click on my name (blue-highlight link).

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            • #7
              Originally posted by jeffrey View Post
              Because client asked them to.
              This might sound naive but would a solicitor really say this on advice of the client even if it had no legal foundation?

              thanks for all the help

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              • #8
                Originally posted by mightyforlan View Post
                This might sound naive but would a solicitor really say this on advice of the client even if it had no legal foundation?

                thanks for all the help

                You are also assuming the solicitor knows the law!

                ask the solicitor to provide chapter and verse as to why / how you are liable
                PAUL GIBBS, solicitor, Jacobs & Reeves. My comments on this forum are correct to the best of my knowledge and belief. No responsibility or liability is accepted by reason of reliance upon such comments. This disclaimer would not apply to direct clients of Jacobs & Reeves where there is a valid retainer in place and I would be happy to confirm any advice if formally instructed. . Jacobs & Reeves now offer a fixed fee possession service.

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                • #9
                  Originally posted by jeffrey View Post
                  Simple logic. If L ends tenancy by s.8 Notice, that ends rent liability too.
                  But of course a s.8 notice does NOT end a tenancy.

                  The OP needs to be careful here. If he leaves before the tenancy ends he will be liable for rent until the date the fixed term ends or, if earlier, the date the landlord takes back effective control of the premises.

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                  • #10
                    Originally posted by Lawcruncher View Post
                    But of course a s.8 notice does NOT end a tenancy.
                    Yes, it was shorthand for "proceedings initiated by L serving a s.8 Notice".
                    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                    4. *- Contact info: click on my name (blue-highlight link).

                    Comment

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