Hello, I am Law Denning and I am a practising solicitor in a HighStreet practice. I have been an expert on this website in UK law since 2008.During that time, as you appreciate, I have answered thousands of questionsfrom satisfied users on a variety of subjects.
Because we are all in practice with clients and court and otherusers, I might not always respond inminutes, particularly evenings and weekends. Please bear with me in thatcaseIt is my pleasure to try and assist you with this today. Please bear with mewhile I gather some further information from you in order for me to be able toadvise you fully.
Relist: Inaccurate answer. Landlord is under no duty to mitigate his loss.
Summary of the Court of Appeal decision:
Reichman & Dunn -v- Beveridge & GauntlettCourt of Appeal13 December 2006
Landlord under no obligation to mitigate loss when seeking to recover rent due under a lease and tenant had abandoned the premises.Source: Transcript  EWCA Civ 1659
On the tenant's own admission, he has not abandoned the property. However as you clearly know the law, you do not need my advice.
There is lots of other case law which says that the landlord is under a duty to mitigate any loss and you happen to pulled out one case which support your assertion.
Opting out for another expert.
Hi there, basically just an accurate answer to what I have posted and what you would do if you were in my position. The previous expert mentioned that I had a duty to mitigate but I believe this is not the case and he said I can not dispose of the tenants property without giving notice under the torts interference with goods act however this is not true as I have previously sent bailiffs in to another property due to distraint for rent. I am not saying that this is the solution to my answer but an option.
Thanks for your reply. May I ask wouldn't forfeiting the lease in effect bring the lease to an end and therefore no rights to any further rent from the tenant?
Also when you say future losses do you mean I am able to make a claim for the whole of the lease term or just for the amount outstanding to date? The lease does still have 18 and a half years to run.
Finally when you say charge the takeaway I am assuming you are referring to the other takeaway which he owns personally.
Thanks for your reply again.
Yes the current tenant is personal.
I am getting conflicting responses from a local solicitor I have just spoken to. He said if I were to forfeit the lease the only thing I could claim for is rent arrears up until the time of forfeiture. He says I cannot claim for any future losses.
Could you help me further please.