How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Nicola-mod Your Own Question
Nicola-mod, Moderator
Category: Property Law
Satisfied Customers: 21
Experience:  Moderator
Type Your Property Law Question Here...
Nicola-mod is online now

Hi I have a dispute with my tenant they have signed a six month

Customer Question

Hi I have a dispute with my tenant they have signed a six month contract it doesn't have start date but does have then date they signed it they refuse to move but have paid 1 months rent plus deposit now they want their money back but cannot give a valid reason as to why they can't move they just say the property is uninhabitable but this is not the case
Submitted: 4 years ago.
Category: Property Law
Expert:  Ash replied 4 years ago.

Alex Watts : Hello my name is Alex and 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 as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
Alex Watts : On what basis is it not for habitation please?
JACUSTOMER-vndc5fck- : They stated dirty skirting boards and a few items of clothing and a old blanket I was using to cover floor when decorating which I did remove later on
Alex Watts : Ok - I assume you want to know what you can do?
JACUSTOMER-vndc5fck- : Yes please they say there going to take me to court just want to know what I'm legally entitled to do about this
Alex Watts : Was there not a date when they agreed to move in?
Alex Watts : Did you protect the deposit?
JACUSTOMER-vndc5fck- : They agreed to move in November but just kept saying next week then the week after the deposit is protected under government scheme gave them the info
Alex Watts : Therefore by rights you can keep the months rent, keep the deposit and charge them for the remaining term.
Alex Watts : They have signed a legally binding agreement to say they will stay 6 months. They are not breaching that agreement assuming it was signed by you and them.
Alex Watts : However a court would expect you to find new tenants so in effect you would be able to charge them readvertise fees and the time it was spent empty.
Alex Watts : But yes you could defend and counter claim for breach of contract.
Alex Watts : Can I clarify anything for you about this today please?
JACUSTOMER-vndc5fck- : Already readvertising property tenant gave back keys because I needed them back to give to letting agents to show new tenants around property
Alex Watts :

Yes indeed.

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.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

Please bookmark my profile if you wish for future help:

JACUSTOMER-vndc5fck- : Thanks you've been a great help
Alex Watts :

All the best.

Expert:  Nicola-mod replied 4 years ago.

Just a quick reminder, there is an unrated answer waiting for you here from the Professional.

If the Expert was helpful, rating their answer as satisfactory transfers your deposit to them – this is how the Expert is compensated.

To rate your answer, you can go to your question page, and click one of the five faces below the Expert's answer. Please be sure you are logged in with your username and password or you will not be able to view or rate your answer.

If you still need help with your question, please feel free to reply to the Expert on this question page. You may ask as many follow-up questions on the same question page as you need until you are satisfied.

Thank you,