Does a Court Order over rule an AST??

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    Does a Court Order over rule an AST??

    Here's a question for the legal minded.

    If you have a Court Order stating you must pay the rent of £XX on 1 April (which is the day rent is due), and must vacate the property on the 20 May, but there is no mention in the Court Order of pro rata payment for May, is it up to the Tenant to work out pro rata payment or is it not due because the payment is not mentioned on the Court Order.

    #2
    Just because the court order doesn't mention something, doesn't mean it doesn't have to be done. The court order doesn't mention that the windows have to be left in-situ, but they do

    Comment


      #3
      Hmmm.

      I'd interpret that as liability continues under contract for rent which was due under that Contract, and that applies to both the rent included in the Court Order and that not included.

      There may be additional penalties or possibilities as a result of a Court Order for violation of that Court Order.

      For example, a CCJ for unpaid rent doesn't add any extra liability for that rent - no extra rent is owing as a result of the CCJ, but it does allow extra methods (ie bailiffs etc) to be applied to the debt.

      In the case you cite, obviously rent is still due as the Tenancy is continuing. A sensible tenant will pay pro rata (subject to all the usual gamut of grey areas such as claims for non-maintenance etc) after talking to LL, but it is also for the landlord to claim the rent due and then take recovery action if necessary as before.

      I think that in theory a Court (but not necessarily this Court) could have ordered that rent continue to be paid as due in the future, but there you could be into injunctions by High Court judges and T having potentially criminal penalties for violating such an injunction. I don't think such an injunction would be granted as it would be disproportionate, or may be ruled out by some law or practice direction somewhere.

      ML
      Refer Mad Regulators to Arkell vs Pressdram.

      Comment


        #4
        Thank you for the replies.

        One last question, as the Court Order states property must be vacated by 1pm on 20 May, if the property was vacated before that, and the keys handed in, would that be breaking the Court Order??

        Comment


          #5
          Originally posted by Tatty2011 View Post
          One last question, as the Court Order states property must be vacated by 1pm on 20 May, if the property was vacated before that, and the keys handed in, would that be breaking the Court Order??
          No- T is not obliged to remain resident until the latest time for vacating.
          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).

          Comment


            #6
            Originally posted by jeffrey View Post
            No- T is not obliged to remain resident until the latest time for vacating.
            Would the tenant still be liable for the rent until the 20th of May though, even though the house was locked securely and the keys were handed in to agents?

            If the tenant decided to stay in the property until the last day, is it not up to the agent or landlord to inform the tenant of the pro rata rent payment? Or is it up to the tenant to work it out for themselves?

            Comment


              #7
              If the Letting Agreement (fixed term) is still running, T is still liable. T cannot end that liability unilaterally.
              BUT L could agree (voluntarily) to accept early surrender; that would end T's liability.
              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).

              Comment

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