The tenant is liable for the rent either until the end of the term or until
you get of the tenant.
You are under a duty to try to get another tenant and provided you get one
before 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 have
a hard time convincing the court that you could not get a tenant over a
The school of thought with regard to agents fees and whether they old
tenant should be liable for the cost of finding a new tenant is that you would
have 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 would
be eligible to recover apart from any rent as I mentioned earlier on, would be
any costs of getting a replacement tenant over and above those which you would
have normally paid.
Basically, you are not allowed to recover the rent twice, firstly from a
new tenant and secondly from the original non-occupying tenant
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