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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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A tenant refused to move out after a section 21 was served.

Resolved Question:

A tenant refused to move out after a section 21 was served. They have now been evicted though the landlord wants to claim a landlords gas safetycertificate charge against them as he had to renew this as they stayed beyond the tenancy end date.

He believes he can charge this and the tenant thinks not ?
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 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, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.

Alex Watts :

Did the contract allow for this charge please?

Customer:

no. though the landlord feels that he would have not incurred this charge had the tenants moved out when they were supposed to

Alex Watts :

Then the Landlord can't charge for this

Alex Watts :

If the contract does not allow it, the Landlord can't charge.

Alex Watts :

Can I clarify anything for you about this?

Customer:

There is a clause says

Customer:

It is hereby agreed that the reasonable cost incurred in compensating the landlord for, or for rectifying or remedying any major breach by the tenant of the tenants obligations under the tenancy agreement etc

Alex Watts :

Its not a major breach, that refers to legal proceedings etc

Alex Watts :

He can't charge for something he is legally obliged to do anyway

Alex Watts :

Does that clarify?

Customer:

waht would be a major breach if having to be evicted isnt ? though I understand he cantcharge for something he is oblidged to do though he would not have had to do this had they moved out

Alex Watts :

Its a legal requirement to have a gas safety

Alex Watts :

A major breach is not paying rent etc

Alex Watts :

But the Landlord is required by law to do this so can't charge the tenanbt

Alex Watts :

Its his obligation

Alex Watts :

Does that clarify?

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


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