Best course of action when rent unpaid on 12 month contract?

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    #16
    But as Dominic was inferring I think - how easy and cost effective is this for the landlord to do? In theory it sounds great but in practice how many LL's do this and how costly is it? Any one had experience?

    When can you initiate proceedings to sue for the full term - does this not have to be done after the time has expired and no new tenant found?

    If a new tenant is found but is paying say £80 less rent a month than the first contracted one - is the old tenant responsible for that £80 a month or does the LL just absorb the loss?

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      #17
      Originally posted by Ira View Post
      When can you initiate proceedings to sue for the full term - does this not have to be done after the time has expired and no new tenant found?
      T1 is liable for all rent during all term, unless L accepts surrender (e.g. by letting to T2 and thereby impliedly releasing T1).
      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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        #18
        Just to say Tenant has just paid 2 weeks rent into my account. Perhaps he is recognising his responsibility!

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          #19
          My posts on this simply reflect the (economic) difference between having the benefit of a legal right, and enforcing it.

          The former is "free", once the contract is in place, the latter is expensive.

          Moreover, the former is worthless unless you do the latter.

          Hence, it may be less costly to allow your counterparty to breach and agree a settlement, rather than pay the money to enforce to the strict letter of your rights.

          Jeffrey, to his credit, gives accurate legal advice according to what the theoretical legal position and accordingly what your rights are. However, a lawyer's job, as well as explaining to you the foregoing, is also to explain what your options are to remedy a breach of those rights, in terms of what is economically and practically most desirable.

          Knowing your rights is worthless, if you don't know how to enforce them or find a satisfactory remedy to a breach of them.

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