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UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Hi, I have a residential tenant who says he is leaving early

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Hi, I have a residential tenant who says he is leaving early before his break clause. (leaving 4 months early). What is my claim - if he returns the property keys etc. and it is in good condition - and I hold 6 weeks deposit. If I find another tenant within 6 weeks I assume I have no claim against the departing tenant who has left early? (i.e. I have not suffered any loss).
Please advise,
Hello Tom,

Yes, you have a duty to mitigate your loss so if you suffer no loss as a result of the tetant moving out early, you should refund their deposit and call it quits.

All the best
Customer: replied 4 years ago.

Thanks. What happens if I don't get a tenant within the 6 weeks advance deposit period though? Say it takes me 12 weeks, or if I can only get a tenant at a lower rental? I think I might be able to prove a loss then but the tenancy is via a limited company so, in practical terms it might not be worth it.

You may claim damages for breach of contract and show what losses you have suffered. You may get a CCJ against the limited company, not the individual.

If the company has no assets, then pointless...

Hope this helps
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