Court case?

  • Filter
  • Time
  • Show
Clear All
new posts

    Court case?


    I'm trying to determine whether there's a court case or a claim I can log in connection with my tenant.

    The tenancy agreement has a term certain for 12 months without a '6 months break clause'. The rent is guaranteed by the tenant's employer and is paid by quarterly instalments every 3 months.

    After 4 months in the property, the tenant sent me a termination of the tenancy letter. I pointed her out that there was no a break clause in the agreement.

    She paid her rent for 6 months but is now in arrears and is not letting any other estate agents to enter the property apart from the agent that signed her initial tenancy agreement.

    Can I sue for prevention to market the property, rent non-payment and breach of the tenancy agreement?

    Please let me know what you think.


    Originally posted by levelONE View Post
    Can I sue for prevention to market the property, rent non-payment and breach of the tenancy agreement?

    Please let me know what you think.
    The following comments assume this is a tenancy in England/Wales.

    The contract makes the tenant (or the guarantor) liable for rent for the duration of the whole of the fixed term, (and, if the tenant remains in occupation after 12 months, then obviously further rent after that).

    The only way this liability can end within the fixed term is either by you both signing a Deed of Surrender, or a surrender by 'operation of law' (i.e. if you both perform actions which imply that you both accept a surrender, for example, if T had moved out, returned keys, and you then relet the property - though it's not as straightforward as that).

    If there is no surrender, the tenant owes you the rent.

    You are not entitled to gain access for viewings without the tenant's consent (and it's not clear the T is planning to move out anymore?) Though there may be a provision in the contract saying something like you are entitled to conduct viewings, say, in the last two months of the tenancy, you'd have to get a court order to enforce it.

    You have two options:

    1. If the contract states that the rent is due quarterly, serve a s.8 notice on the grounds of unpaid rent on the day after three months' rent is owing and unpaid, then after 14 days have passed, apply via the court for possession and unpaid rent. See this link.

    2. Serve a s.21 notice to expire and seek possession after the last day of the tenancy, then apply for possession, and make a county court claim against T and guarantor for any rent still owing. See this link and this link.

    You don't need to use a solicitor for either of the above, but if you are not familiar with the procedure it would be advisable to do some research first, read through this forum about possession procedure, and seek advice at a Citizen's Advice Bureau or Community Law Centre about this as well as county court small claims track procedure (if the rent owed is less than £5,000).

    A couple of things to bear in mind. Firstly, if this is an AST in England/Wales, with rent less than £2,083.33 pcm, and a deposit was paid, then a s.21 notice will not be valid unless the deposit is protected in a scheme.

    Secondly, was the rent guarantee executed as a deed? Because if not, it may not be enforceable.

    At the end of the day, if the tenant is in gainful employment, it's very likely you will ultimately get your rent, as CCJs can be enforced via an Attachment of Earnings, i.e. money deducted from wages at source. But the whole thing takes time.


    Latest Activity


    • Rent a Room scheme
      by lgr001
      I have a mobile home next to my property. Do I qualify for the rent a room scheme if I rent out the mobile home but the occupant must use the shower and washing facilities in my house i.e. so that the mobile home is not a separate unit of accommodation? There is a provision by the council that it...
      24-01-2022, 14:25 PM
    • Reply to Regulated Tenancy
      by AVJ113
      Yep, that's exactly what has happened....
      24-01-2022, 14:12 PM
    • Regulated Tenancy
      by AVJ113
      I have a basic understanding of regulated tenancy. I'm looking to buy a property with a tenant in situ on a regulated tenancy. In the real world, what are the pros and cons? Is there anyone with any experience?
      24-01-2022, 13:38 PM
    • Reply to Regulated Tenancy
      by DoricPixie
      How basic is your understanding?

      From your other thread you are seeing a broker about a BTL mortgage. I think you will struggle to secure a BTL mortgage against a property with a Regulated Tenancy in place....
      24-01-2022, 14:05 PM
    • Reply to Regulated Tenancy
      by jpucng62
      Unless it is REALLY cheap - don't!

      I inherited a property with a regulated tenant. The rent can only go up once every 2 years, by a specified amount, although more often if you improve the property, but it will always be cheap.

      Most tenants have been in a very long time and...
      24-01-2022, 13:58 PM
    • Reply to Tenant in situ
      by Interlaken
      Agree with above but if the property is in poor condition and the tenant elderly (or could be child of tenant who may be middle aged) then steer clear. I would definitely speak with the tenant.
      24-01-2022, 13:30 PM
    • Tenant in situ
      by Bridge2020
      I’m looking at buying another property to rent out. The one I’m looking at has a tenant in situ. I have seen a copy of the AST and payments to the agents.
      Anyone have any experience of this please ?...
      20-01-2022, 08:29 AM
    • Reply to How to track down landlord
      by kelbol
      Emailing means the person may or may not receive it, and if they do, they may or may not reply. I didn't want to wait around to find out if I do get a reply. I wanted to get a phone number.
      In any case, I managed to get hold of the Landlord via the business. The ball is now in his court.
      24-01-2022, 13:15 PM
    • How to track down landlord
      by kelbol
      Next door property is being rented out and had the roof redone. Mine got damaged in the process.
      I'd like to contact the landlord/owner of the property next door to let him know and get his roofers back but I don't have his contact details.
      He's British but lives abroad. The phone number...
      21-01-2022, 20:27 PM
    • Reply to Tenant in situ
      by jpucng62
      If the property appears to be in good condition and the tenant has been in less than a year you should be able to avoid many of the possible problems.

      Ideally you would want the tenant to sign a new tenancy with you so you can be certain all documentation has been served correctly. If they...
      24-01-2022, 12:43 PM