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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I recently advertised my 3 bed house and evenutually chose

Resolved Question:

I recently advertised my 3 bed house and evenutually chose a new tentant. She appeared very keen and asked for the tenancy agreement to be signed early so she could sort out housing benefit in time for occupancy. The tenancy agreemant starts 1st August and she signed and gave me deposit plus 1st month rent last week. She contacted me yesterday to say she has changed her mind and wants out of the agreement. What are my rights regarding this sittuation please? Regards, Sue
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

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.

Alex Watts :

If you both signed then in law this is a breach of contract.

Alex Watts :

You could in theory make her pay for the whole term of the tenancy which is usually 6 or 12 months.

Alex Watts :

But if you readvertise and get a new tenant she would be liable for the re-advertising costs and agency fees.

Alex Watts :

Together with any unoocupied period past 1st August

Alex Watts :

Technically she is in breach of contract.

Alex Watts :

But you also have to ask yourself, is she is on benefit can she afford any of these costs if you pursue her?

Alex Watts :

Of course you can offset her deposit against thee costs.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Many thanks, ***** ***** have a signed letter from a garentor so I could possibly get any money owed from them?

Alex Watts :

Yes you could. But again you need to mitigate any loss so get a replacement tenant etc.

Alex Watts :

You can't just leave it empty for 6 months and claim 6 months rent.

Alex Watts :

Does that clarify matters?

Customer:

Many thanks

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Dear Alex,


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?


Regards,


Sue

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