T left after 4mths. of 6mth. letting; wants deposit back!

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    T left after 4mths. of 6mth. letting; wants deposit back!

    Hi I have a tenant who has moved out after 4 months of a six months tenancy agreement ast agreement and they have just put in a claim for their deposit back from the dps. I have rejected this claim and submited a claim for the full deposit to be sent to me as I understand they are liable for the full 6 months rent as in the agreement .A six month ast agreement.I am sure the tenant will reject this and then it will go to adjuicator to make a decision.There are obviosly costs involved in setting up a new tenancy What is the likely outcome of this case and is there any circumstances where the tenant is likely to win. ie if the property is re let fairly quickly etc

    #2
    Originally posted by lavy View Post
    Hi I have a tenant who has moved out after 4 months of a six months tenancy agreement ast agreement and they have just put in a claim for their deposit back from the dps. I have rejected this claim and submited a claim for the full deposit to be sent to me as I understand they are liable for the full 6 months rent as in the agreement .A six month ast agreement.I am sure the tenant will reject this and then it will go to adjuicator to make a decision.There are obviosly costs involved in setting up a new tenancy What is the likely outcome of this case and is there any circumstances where the tenant is likely to win. ie if the property is re let fairly quickly etc
    You can not claim rent for the same period from two different tenants.
    If the property was re-let before end of the 6 months of the original tenancy, the first tenant is not liable to pay rent for the period, the property is re-let.

    You should only claim deposit to pay for rent for the period property was vacant and return the rest of the deposit.

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      #3
      thanks for your reply that is what i thought. What about costs involved in re letting ie advertising and showing property to prospective new tenants referencing ,credit checks etc making up new tenancy agreement changing of utility bills cleaning and preparing property to re let etc

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        #4
        Originally posted by lavy View Post
        thanks for your reply that is what i thought. What about costs involved in re letting ie advertising and showing property to prospective new tenants referencing ,credit checks etc making up new tenancy agreement changing of utility bills cleaning and preparing property to re let etc
        these costs would not be present if the tenant did not break there contract can I claim part of these or not any one had a similar situation any sugestions welcome

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          #5
          Originally posted by lavy View Post
          these costs would not be present if the tenant did not break there contract can I claim part of these or not any one had a similar situation any sugestions welcome
          You would have had to pay these costs two months down the track, would you not? (To re-let the property if the tenants left at the end of their AST). You are just having to pay them a bit earlier than anticipated. I do not know whether the adjudicator will make any allowance for this. It might be different if someone left after one week or one month of a twelve-month AST, because you would not reasonably have expected to incur those re-letting costs for another year.
          '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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            #6
            Originally posted by SALL View Post
            You can not claim rent for the same period from two different tenants.
            If the property was re-let before end of the 6 months of the original tenancy, the first tenant is not liable to pay rent for the period, the property is re-let.

            You should only claim deposit to pay for rent for the period property was vacant and return the rest of the deposit.
            I'm curious about this. Applying the principle of mitigation of loss, you have to find a new tenant ASAP. And applying the same principle that has been outlined for the reletting costs (that these would have been incurred anyway in two months time, and so your loss is only that you have had to pay them earlier), the void would also have arisen between tenancies whether they stayed another two months or not. Their breach of contract did not cause the void, it just brough it forward in time. So I wonder whether in fact you can claim for the full cost of the empty period.

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              #7
              Is it an undisputed principle that a LL must mitigate his losses if a tenant breaches his contract and does a bunk?
              '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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                #8
                Originally posted by Wrigglesworth View Post
                Applying the principle of mitigation of loss, you have to find a new tenant ASAP.
                There is nothing to mitigate until the rent becomes due and then its a debt, you do not need to mitigate debt.
                Dial 999 For a Landlord

                Comment


                  #9
                  L has no duty to mitigate loss during the fixed term. Whether or not T is present, T must pay the whole rent for the whole fixed term.
                  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


                    #10
                    Jeffrey is quite correct. See Reichman -v- Gauntlett:

                    http://www.bailii.org/ew/cases/EWCA/Civ/2006/1659.html

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