Does breach of tenancy clause end entire Agreement?

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    Does breach of tenancy clause end entire Agreement?

    Can anyone answer the following, or know of a forum specialising in UK law:

    If a term in a contract is breached, do the other terms apply or has the whole contract been voided?

    #2
    That's a pretty broad question - what is the legal specialty? what does the contract pertain to? what is the wording of the contract (small print) ?

    I don't think anyone can even guide you in the right direction without knowing more ....
    Any information or opinion given in this post is based only on my personal experience, what I have learned from this, other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person. E&OE

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      #3
      Thanks for replying Pippay - it relates (of course) to a tenancy agreement which includes a clause saying an outhouse would be cleared at the start of the tenancy for our use. This wasn't done and we have proof of that. There are also cleanliness issues etc, but apart from photographs, we have no positive proof of that.

      Would that suffice to void other terms in the agreement?

      Comment


        #4
        are you the LL or the tenant? Your post doesn't make it clear
        Any information or opinion given in this post is based only on my personal experience, what I have learned from this, other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person. E&OE

        Comment


          #5
          If a term in a contract is breached, do the other terms apply or has the whole contract been voided?
          Contracts don''t get "voided"...ever. Contracts end when certain events occur.

          1)Performance.....what was agreed in the contract is done or substantially done. Doesn't need any further explanation I hope.
          2)Frustration...Some event occurs which makes it impossible for the contract to be performed. For example, I agree to charter my boat to you, but before that happens the boat sinks.

          Breaches of contract do not end the contract perse, but they may give rise to certain types of claim. Exactly what that means will depend upon how fundemental the terms is, in other words how significant it is in terms of overall performance of the contact. A fundamental term is a core term so that, if it is not complied with, performance becomes totally different from what was contemplated by the contract. An example would be where the seller of a car delivers a car which is in such poor condition that it is completely undriveable. In such cases the courts will often order "specific performance", in other words they will tell the offending party that they must do as they contracted or "damages" making them compensate for failing to perform the contract.

          Most breaches will merely allow the party who has suffered to claim damages, the example you give would certainly fall into that category. The contract you describe is fundementally a contract to rent a dwelling, and fundementally the contract is being performed.
          NOTE: Steven Palmer BSc (Hons) MRICS MBEng is an official LandlordZONE Topic Expert and a Director of Davisons Palmer Lim Any advice given by Steven in this Forum is of a general nature only and should not be acted upon without first obtaining advice specific to your problem/situation from a professional.

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            #6
            Thanks for replying Pippay - it relates (of course) to a tenancy agreement which includes a clause saying an outhouse would be cleared at the start of the tenancy for our use. This wasn't done and we have proof of that. There are also cleanliness issues etc, but apart from photographs, we have no positive proof of that.
            Following on from my last post I should also point out that you have a duty to mitigate your damages.

            But basically, nothing in your contract is void or voided, nor can it be.
            NOTE: Steven Palmer BSc (Hons) MRICS MBEng is an official LandlordZONE Topic Expert and a Director of Davisons Palmer Lim Any advice given by Steven in this Forum is of a general nature only and should not be acted upon without first obtaining advice specific to your problem/situation from a professional.

            Comment


              #7
              Thanks for your help Steve P. It is, unfortunately, clear.

              Pippay - we were tenants to a very unscrupulous landlord.

              One other point - we've been told by a lettings agency - that it is not legal to have two rental contracts overlapping. Is this the case? We left a rental property prior to the expiry of notice, it was re-rented almost immediately. The lettings agency say we should be able to claim some of the rent back but the landlord is most unlikely to offer. Is there anything we can do?

              PS - If it is illegal, why did the lettings agency allow it to happen?

              Comment


                #8
                I don't believe it is illegal to have two contracts "overlapping" as in this case it would appear you had breached the terms by vacating before the end of the contract term and the LL has a right to charge rental for the entire period up to what would have been the expiry date.

                However, the LL has a duty to mitigate his losses by re-renting the property and any rent you paid from the time the new AST began with new tenants to the end of the contractual term, you should be able to claim back. He may also be able to charge you for his re-advertising costs in addition to delapidations/damage (if any).

                You need to write to the LL and ask for it back and if that doesn't get a favourable result, you will need to take him to the Small Claims Court. The onus will be on him to prove that what he has witheld from you is reasonable. [/COLOR]
                Any information or opinion given in this post is based only on my personal experience, what I have learned from this, other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person. E&OE

                Comment


                  #9
                  Originally posted by linlin
                  PS - If it is illegal, why did the lettings agency allow it to happen?
                  Is that a rhetorical question?

                  Comment


                    #10
                    Originally posted by pippay
                    I don't believe it is illegal to have two contracts "overlapping" as in this case it would appear you had breached the terms by vacating before the end of the contract term and the LL has a right to charge rental for the entire period up to what would have been the expiry date.

                    [/COLOR]
                    No - easy to get the wrong impression I suppose.
                    We gave one months notice after the end of the contract term. So we paid, in full, rental for the six months, plus rental for the one month notice. The landlord suffered no loss, on the contrary, as we vacated before the notice expired, he re-let 15 days inside our notice period. Thus, he gained by 50% x 1 months rent.
                    He let to tenants obtained from the agency who were fully aware of the situation.

                    Comment


                      #11
                      Pippay has confused the situaiton slightly with a muddled first paragraph. This is easy to answer.

                      If a property is re-let then that is an over-riding lease that immediately ends the previous one as soon as a new one starts, so any rent paid for a period that has been re-let to another tenant would entitle the previous tenant to a rebate; in this case 15 days rent.

                      The old tenant would not have breached any tenancy conditions either, as the agent/landlord has re-let sooner than expected, and they had by "specific performance" accepted surrender of the previous tenancy when letting to the new tenants.
                      The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

                      Comment


                        #12
                        Originally posted by Paul_f
                        Pippay has confused the situaiton slightly with a muddled first paragraph. This is easy to answer.

                        If a property is re-let then that is an over-riding lease that immediately ends the previous one as soon as a new one starts, so any rent paid for a period that has been re-let to another tenant would entitle the previous tenant to a rebate; in this case 15 days rent.

                        The old tenant would not have breached any tenancy conditions either, as the agent/landlord has re-let sooner than expected, and they had by "specific performance" accepted surrender of the previous tenancy when letting to the new tenants.
                        Thanks for clarifying the situation Paul. As the landlord is not prepared to discuss anything with us, I guess the only way forward is the small claims court.

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