Does T still have a rental liability if notice is not served at end of contract?

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  • Does T still have a rental liability if notice is not served at end of contract?

    Hi,

    My question relates to the leaving process and tenants liability. Although rent was paid up to date property was found to be vacated, which was the end of the short term contract, no notice was served of his intention to leave to the managing agency, as stipulated in the TA and the first sign of him having left was that the rent for the next month wasnt paid. Is he therefore liable for rent due to this??

    If yes, and the costs of rent and the restoration to flat I have paid for are over and above the deposit held, due to the tenant being a foreign student does any one have experience of pursueing costs through the language school they attend or through the relevent embassey of the country they are from? What should the managing agents responsibility be in this as they are completely useless!!

    Many thanks

  • #2
    Any requirement on a tenant to give notice to terminate a fixed term if he does not intend to stay is of no effect. This is because a fixed term ends anyway on the final day. The fixed term is what was contracted for.

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    • #3
      Did you or LA not contact the tenant and ask of their intentions?? As said tenant has no obligation to give notice if they leave at the end of the fixed term. They are doing as contractually required of them which is to leave at the end of the fixed term!
      GOVERNMENT HEALTH WARNING: I am a woman and am therefore prone to episodes of PMT... if you don't like what I have to say you can jolly well put it in your pipe and SMOKE IT!!

      Oh and on a serious note... I am NOT a Legal person and therefore anything I post could be complete and utter drivel... but its what I have learned in the University called Life!

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      • #4
        Originally posted by u952460 View Post
        If yes, and the costs of rent and the restoration to flat I have paid for are over and above the deposit held, due to the tenant being a foreign student does any one have experience of pursueing costs through the language school they attend or through the relevent embassey of the country they are from?
        If you mean T caused damage, and you have evidence of the T's liability (e.g. inventory check-in showing original good condition) then you can raise a dispute with the deposit scheme in respect of your losses.

        If losses exceed the deposit, you cannot pursue T via their college or embassy; you can only pursue the individual. If T is still resident in the UK, you can, however, serve a county court claim in person (Google 'process server') and this is more easily achieved when you have an address, such as the college, at which the T is likely to be found. (You cannot serve a claim by post to the college without the court's permission).

        The claim may take up to six months, and longer if you then have to enforce the judgment; so it's only worth it if the T is likely to be around for at least 8-12 months.

        If T is resident in Europe, there is a European small claims procedure. Otherwise, if T has returned or is soon to return to a non-European country, forget it.

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        • #5
          Tenant has infact left before the end of the contract, I have record of 4 payments and not 6 from Letting Agent. Tenant has also apparently now left the country. He is from Saudi Arabia. Is there anything I can do??

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          • #6
            Not easily unless you consider that the extra legal fees are justifiable (or if he submits to the extraterritorial jurisdiction of UK Sharia Courts?)
            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
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