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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71054
Experience:  Over 5 years in practice
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Hi, I would like to know what to do if the contract between

Customer Question


I would like to know what to do if the contract between the landlord and tenants has been broken. We have signed the contract on the 13 of August 2013 and the tenants suppose to move in to a property on the 1st of September 2013. On the contract stays that the rent and monthly deposit should be played in advance on the 27 of each month. The tenants was provided with my account details to make a transfer on the 27th of August 2013 to be able to move in on the 1 of September. I did not receive any payment on to my account and on the 2nd of September I got text message that one of the tenants was redounded and they not going to take a flat. I have been left with mortgage to pay and no chance for potential tenants as I stopped further viewings and advertising the property on the day I have signed the contract. Also I have discovered that I have been provided with fake references from one of the tenants.

To which court can I go witch this case? And what chance do I have to win it? How much it will cost and do I need a lawyer or can I can go to the court my self?

Thank you for your help.

Kind regards,
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.

In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

What type of contract have they signed?
Customer: replied 4 years ago.

It was Tenancy agreement - English & wales


There is my signature, and both tenants but didn't have witness

Expert:  Jo C. replied 4 years ago.

Do you know if they are on work? Or have assets?
Customer: replied 4 years ago.

The husband is working full time as I checked his references but the wife informed me that she was redounded on the 2 of September but when we signed the contract she was full time employed

Expert:  Jo C. replied 4 years ago.

You can sue here

At the small claims court.

If this is an AST then they are locked in for the length of the contract. Even if its not, they cannot just fail to move in like this. They are in breach and you do have a claim.

However, you are under a duty to mitigate your loss by seeking another tenant. You will be asked to prove that you have done that. Nevertheless you do have a claim for the period of time it takes to find one.

Probably you will get one to two months. If they are working then they are probably worth suing.

Can I clarify anything for you?

Customer: replied 4 years ago.

Thank you for you answer.


Do you know if there will be any costs involved from my side to sue her?

Expert:  Jo C. replied 4 years ago.
Yes, there will but not heavy. This is a small claims court sum and so costs are not onerous. Probably under £100.
Customer: replied 4 years ago.

Also I do not have they address, I only know they names and surnames and telephone number and work address to one of them.


Is it enough to navigate them?



Expert:  Jo C. replied 4 years ago.
No, you do need their address.

You can use a tracing agent. That will rack up the cost by about £50-£100.

In principle you could use their work address but its more risky than a home address
Customer: replied 4 years ago.

What about lack of witness on our contract?

Expert:  Jo C. replied 4 years ago.
Thats a non issue. All witnesses do is confirm that you were the person who signed the contract which is only relevant if this is to be an allegation of fraud.
Customer: replied 4 years ago.

Thank You for your time and advice.


Knid regards,


Expert:  Jo C. replied 4 years ago.
No problem. Please remember to rate my answer.

All the best.