Tenant has left early 6 mth AST

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    #16
    Originally posted by jpkeates View Post
    I'll see you both in court
    8-)
    http://www.landlordlawblog.co.uk/201...tenancy-early/
    Allow tenants to protect their own deposits. I want free money when they do it wrong

    Comment


      #17
      A fixed term tenancy agreement is a binding contract and there is unfortunately case law which confirms that a landlord does not have to ‘mitigate his losses’ if a tenant wants to end the tenancy and move out early.

      The case in question involved commercial premises and it is possible that if a similar case arose today about a residential tenancy, the Court might find differently. But at the moment it is the authority
      I'd say quite likely rather than possible, this being a case for consumer law not commercial transaction.

      Unfortunately for my argument I'm lucky and it's never happened to me, so I've never had to try it out in practice.
      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

      Comment


        #18
        Originally posted by jpkeates View Post
        I'd say quite likely rather than possible,
        Based on how many years of being a property lawyer?
        Allow tenants to protect their own deposits. I want free money when they do it wrong

        Comment


          #19
          The law is established, there is no need for you to try to re-invent it.

          Comment


            #20
            Yawn!

            Arguing over the finer points... typical nonsense and doesn't really assist the OP... this forum is often falling into this trap these days. The point is surely that if the OP manages to get a new Tenant quick sharp, then they have the deposit to cover them and everyone can consider the result to not be a bad one. The OP is not stuck with an unemployed Tenant in their property who would unlikely to be able to pay the rent, they've got the deposit (with no argument) to tide them over and they have a nice new Tenant who's a) happy to be there and b) able to pay the rent (you hope).

            So, while whether they have an obligation to mitigate losses or not in academically interesting only... surely the OP focusing on getting a new Tenant is a better plan of action rather than sitting on one's arse deciding how / when to sue, secure in the knowledge that the law is on their side, while the property sits empty?

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              #21
              An issue on these forums and the industry at large is not understanding the law.
              If you know what the legal position is then you know what you can and cannot do then decide what is the best course of action.

              This is not a finer point or nonsense, this is central to allowing OP to know what position she is in even if, indeed, re-letting asap would be sensible.

              Comment


                #22
                "Arguing" over the finer points happens when you are discussing law, rules and regulations. Funny that.

                Originally posted by Hippogriff View Post
                Yawn!
                Go to bed instead of disrespecting members who have come here to give their advice freely.
                Allow tenants to protect their own deposits. I want free money when they do it wrong

                Comment


                  #23
                  I yawned because your arguments are boring, not because I'm tired. Gee, I think you probably got that... I know you're a literal person, but I think you got it.

                  Comment


                    #24
                    Originally posted by jjlandlord View Post
                    This is not a finer point or nonsense, this is central to allowing OP to know what position she is in even if, indeed, re-letting asap would be sensible.
                    Let's, instead, get the OP moving in the right direction... unless you're suggesting striving for a Court date is the right direction to resolve issues? You might be, I suppose... you could be saying that.

                    Comment


                      #25
                      jjlandlord's point seems helpful.
                      Once you know where you stand, you can decide what to do.
                      Knowing you are in the right doesn't mean you have to go to court to enforce it, but it might give you greater confidence in making a sensible choice.

                      Many people (including me seemingly) don't know the law well enough to know what their rights are, and could easily do the wrong thing (as we've seen from what people have posted).
                      The way a forum works is that there is a debate if people don't agree - which possibly doesn't help the OP while the debate happens.

                      On the other hand, using the forum is otherwise free.
                      And the debate is often helpful as it forces people to explain why they are suggesting something.

                      Most people experience this forum once or twice when something goes wrong and they don't know what to do,
                      so the repeated discussions (and restatements) don't bother them as much as it might if you'd seen them every week for years.
                      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                      Comment


                        #26
                        Mitigation of loss does not apply to Leases.

                        In fact, if the landlord did re-let (even at a lower rent), he/she might lose the right to sue for the unpaid rent.

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