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Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
If you both signed then in law this is a breach of contract.
You could in theory make her pay for the whole term of the tenancy which is usually 6 or 12 months.
But if you readvertise and get a new tenant she would be liable for the re-advertising costs and agency fees.
Together with any unoocupied period past 1st August
Technically she is in breach of contract.
But you also have to ask yourself, is she is on benefit can she afford any of these costs if you pursue her?
Of course you can offset her deposit against thee costs.
Can I clarify anything for you about this today please?
Many thanks, ***** ***** have a signed letter from a garentor so I could possibly get any money owed from them?
Yes you could. But again you need to mitigate any loss so get a replacement tenant etc.
You can't just leave it empty for 6 months and claim 6 months rent.
Does that clarify matters?
To up date you on what I decided to do with the above breach of contract, I gave her 1 months rent back (£525) and withheld the deposit (£525) as in the agreement it stated "If the tenant moves out prior to the natural expiration of the agreement a relet levy of £525 will be charged to the tenant".
I have just been contacted by the tenant who breached the tenancy agreement and she said as I have now got a new tenant she wants the rest of her money.
I believe that I don't need to give her anymore money, am I right in thinking this?