going to court wanting money after the tenant left

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • 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

          Latest Activity

          Collapse

          • Freeholder Scaffolding Over My Flat
            Jcg76
            I have a leasehold studio flat with a garden in London that I rent out to tenants.
            Recently, the freeholder gave me three days notice that he was extending part of the building my flat is joined to and he would need to put scaffolding on my flat roof and in my garden. I immediately objected saying...
            24-07-2017, 21:20 PM
          • Reply to Freeholder Scaffolding Over My Flat
            Jcg76
            Thanks for the above info, especially the 20-30% info, I wanted to get an idea of the standard/reasonable amount.
            He does have permission, but we were not informed, although our lease stipulates that we cannot object to any of his building works. SO not a lot I can do about that.
            Can anyone...
            25-07-2017, 20:24 PM
          • Tenant application form
            Elum
            Hi all!

            So we are just about to put our flat on the market to rent is there anywhere we can get a ODF application form that we can email to any prospective tenants?

            Thanks in advance,

            Liam.
            25-07-2017, 20:14 PM
          • Three guarantors = three guarantees of deed or just one?
            aciduzzo
            I will have three guarantors as there are three (student) tenants. The agency has sent me a guarantee-of-deed sample, but i'm not sure whether i should send a separate one to all guarantors, or just have one listing all guarantors. What do others on here do?
            25-07-2017, 10:05 AM
          • Reply to Three guarantors = three guarantees of deed or just one?
            aciduzzo
            I've used landlordreferencing.co.uk for the referencing and RGI. They seem to think it's standard to ask the guarantors to guarantee the full amount. They weren't even sure whether they could provide RGI if the guarantors are only liable for 1/3 rent. So i have asked them to check with the underwriter...
            25-07-2017, 18:19 PM
          • Burglary Damage - Who Pays?
            Pb21
            Our rented flat was broken into, in the process the Yale lock was broken and cost £100 to repair. The landlord is refusing to pay this on the basis we didn’t also lock the door with the mortice lock. We didn’t use the mortice lock as it wasn’t working although the landlord did not know this....
            25-07-2017, 11:40 AM
          • Reply to Burglary Damage - Who Pays?
            leaseholder64
            It is typically a condition of insurance that there be secure, morticed deadlock, at least for contents insurance....
            25-07-2017, 17:09 PM
          • AST end date 31/07/17 advice needed.
            scooter08
            Hi, Guys, I have posted a few threads on this forum now and although the section 21 notice is probably invalid I don't want to let the landlord know that yet.
            I'm after help with writing my landlord a letter. He wants us out on the 31/07/17 and keeps asking me how I intend to leave the keys for...
            25-07-2017, 09:54 AM
          • Reply to AST end date 31/07/17 advice needed.
            scooter08
            I hear you Wright76 we're stressed out as well. We have 3 kids all with additional needs so don't want any court action and definitely not bailiffs. My landlord doesn't understand why I'm being picky, with the needs my kids have they all need separate rooms. I haven't told the landlord this as it's...
            25-07-2017, 16:45 PM
          • Reply to Burglary Damage - Who Pays?
            Pb21
            Thanks for your reply jpkeates, although just so I am clear and for the avoidance of doubt is your statement that as there has been damage while we were responsible for the property we are, consequently, responsible for the damage, your opinion or a fact?
            25-07-2017, 16:17 PM
          Working...
          X