going to court wanting money after the tenant left

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    going to court wanting money after the tenant left

    Hi
    I have the following clause in my ASH tenancy I have a tenant who I am taking to court has any one any case history that would assist me

    Our local council says the clause stands
    The local landlords association thinks it does not
    Every one has a different idea

    The tenant agrees that in the event of the tenant vacating the property before the expiration of the tenancy due to unforeseen circumstances the landlord will put the property up for re-let and until the property is re-let
    It is so agreed that tenant will remain responsible for the out goings and the full rent until a new tenant has commenced their responsibility under a new tenancy or the expiration date of this tenancy which ever is the sooner

    It is also agreed that from the date of the new tenant takes responsibility of the property until the expiration date of this tenancy the tenant (the one named in The Schedule annexed hereto will pay a charge to the landlord of 20% of the rent until the expiration date specified on the The Schedule hereto annexed to this the tenancy


    Please Help
    Thank you in advance

    Steven

    #2
    Originally posted by Homemaker ltd View Post
    It is also agreed that from the date of the new tenant takes responsibility of the property until the expiration date of this tenancy the tenant (the one named in The Schedule annexed hereto will pay a charge to the landlord of 20% of the rent until the expiration date specified on the The Schedule hereto annexed to this the tenancy
    I think you would have a hard time explaining to a court why you think a previous tenant should continue paying you anything after his tenancy has ended.

    Comment


      #3
      Whoever put together the tenancy agreement for you needs putting in the dock themselves - the grammar is bad enough but the clause is truly atrocious, no chance of getting that past a judge
      My advice is not based on formal legal training but experience gained in 20+ years in the letting industry.

      Comment


        #4
        You can certainly claim rent until the tenancy ends (it ends by operation of law when new T moes in) http://www.landlordzone.co.uk/forums...348#post191348

        However, you are having a laugh with your second clause.

        Comment


          #5
          Homemaker, had you bought the place off the Tenant then rented it back?
          I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

          Comment

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