Diplomatic immunity

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    Diplomatic immunity

    My tenant has signed a fixed term contract for 8 months. He now wants to leave a month early but does not want to pay the last months rent that he has agreed to. We do have a deposit kept by the letting agent as a stakeholder of £1200. But if we just take all that money we will be out of pocket roughly £500.

    My tenant claims that he has diplomatic immunity ( he works for a foriegn embassy) and claims there is no way we could persue him or his government for the money once he has left the country.

    Of course my letting agents neglected to tell me this at the time of signing the tenancy agreement. Is this in fact true?

    Any comments would be very helpful.

    #2
    Originally posted by Ed55
    He now wants to leave a month early but does not want to pay the last months rent that he has agreed to. We do have a deposit kept by the letting agent as a stakeholder of £1200. But if we just take all that money we will be out of pocket roughly £500.
    How much is the monthly rent, the deposit should ideally be 6 weeks rent ?

    Comment


      #3
      That is absolutely correct. Many LLs will not let houses to diplomats.

      Originally posted by Wickerman
      try quoting (worth a try) Article 31 1.c. of the vienna convention:




      Article 31

      1. A diplomatic agent shall enjoy immunity from the criminal jurisdiction of the receiving State. He shall also enjoy immunity from its civil and administrative jurisdiction, except in the case of:

      (c) An action relating to any professional or commercial activity exercised by the diplomatic agent in the receiving State outside his official functions.
      I doubt very much that renting a flat counts as professional or commercial activity. That would include activities undertaken with a view to profit, but activities related to living? Doubt it.


      Originally posted by zoe
      How much is the monthly rent, the deposit should ideally be 6 weeks rent ?
      That's shutting stable doors after horses have bolted, methinks!
      Last edited by Grange; 02-07-2006, 15:10 PM.
      The contents of this note are neither advice nor a definitive answer. If you plan to rely on this, you should pay somebody for proper advice.

      Comment


        #4
        Thanks for the comments.

        We have looked further into the question and it does look a real minefield. Take note other LLs! I think we shall have some stern words to say to our letting agents who must be well aware of this situation.

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