Tenancy Agreement to create an assured shorthold tenancy for all types of residential accommodation furnished and unfurnished.Tenancy was to commence July 2012. Father of tenant phoned to inform his daughter was not able to commence tenancy in mid July .Tenant was Student but left or failed course
The tenant is liable for the rent either until the end of the term or untilyou get of the tenant.
You are under a duty to try to get another tenant and provided you get onebefore July, the old tenant who never took up occupation will not be liable.
If you were to take it to court, for rent after July I think you would havea hard time convincing the court that you could not get a tenant over athree-month period.
The school of thought with regard to agents fees and whether they oldtenant should be liable for the cost of finding a new tenant is that you wouldhave had these costs in the end anyway and therefore they are not recoverable.All that has happened is that you had to pay them sooner rather than later.
As I said, you are under a duty to try and get a tenant and all you wouldbe eligible to recover apart from any rent as I mentioned earlier on, would beany costs of getting a replacement tenant over and above those which you wouldhave normally paid.
Basically, you are not allowed to recover the rent twice, firstly from anew tenant and secondly from the original non-occupying tenant
Can I help further?