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Ask James Mather Your Own Question
James Mather
James Mather,
Category: Law
Satisfied Customers: 22629
Experience:  Senior Partner at Berkson Wallace
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A tenant signed contract which was witnessed.The Tenancy agreement

Customer Question

A tenant signed contract which was witnessed.The Tenancy agreement was signed by her mother as guarantor.The Tenant also paid over a deposit/bond which was lodged with the DPS.The tenant failed to commence tenancy.Is she or the guarantor liable for the rental income lost due to default?
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.

Thank you for your question . My name is Jo and I will try to help with this.

What type of contract is it?
Customer: replied 4 years ago.

Tenancy Agreement to create an assured shorthold tenancy for all types of residential accommodation furnished and unfurnished.

Tenancy was to commence July 2012. Father of tenant phoned to inform his daughter was not able to commence tenancy in mid July .Tenant was Student but left or failed course

Expert:  James Mather replied 4 years ago.

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
three-month period.

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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