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Remus2004, Barrister
Category: Property Law
Satisfied Customers: 71041
Experience:  Over 5 years in practice.
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tenant gives required 6 months notice on property but now wants

Customer Question

tenant gives required 6 months notice on property but now wants to stay for a further month, although we have a tenant waiting to occupy
Submitted: 4 years ago.
Category: Property Law
Expert:  Remus2004 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 this please?
Customer: replied 4 years ago.

business lease

Expert:  Remus2004 replied 4 years ago.

If this is a commercial property then you are entitled to lock the tenant out at the end of the term if they do not move out voluntary and change the locks.

To pursue that though you must not accept more rent. If you do then they will be entitled to gain entry.

There is not really any more to this than that.

Can I clarify anything for you?

Customer: replied 4 years ago.

As the tenant gave the required 6 months notice we have taken a new tenant who expects to take up the tenancy the day after the existing gave formal notice to quit, obviously he will not be able to occupy the premises, what is my legal position.

Expert:  Remus2004 replied 4 years ago.
I covered the position in relation to the old tenant above.

If they leave goods on the premises then you can put them into storage and charge the old tenant.

In relation to the new tenant, if you have given them an agreement in writing that the term starts on the particular date and they cannot move in on that date, then you are in breach of contract and they are entitled to damages unfortunately but you can recover your losses from the old tenant.

You will be entitled to sue the old tenant for any loss you incur and for any money that you have to pay to the new tenant.

If the new tenant has not signed an agreement yet and does not have a signed agreement from you then you are not liable to them.

Customer: replied 4 years ago.

So if the new tenant sues us for breach of contract and I loose a full 12 months rental the old tenant is liable to make that good?

Expert:  Remus2004 replied 4 years ago.
Yes, he would be because its obvious that if he doesn't move out a new tenant who is ready to move in will have to find an alternative premises.

However, you are under an obligation to mitigate your loss by finding a new tenant and you will have to prove that you have looked in order to claim from the old tenant.