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Homemaker ltd
02-12-2011, 15:10 PM
Hi
I have the following clause in my ASH tenancy I have a tenant who I am taking to court has any one any case history that would assist me

Our local council says the clause stands
The local landlords association thinks it does not
Every one has a different idea

The tenant agrees that in the event of the tenant vacating the property before the expiration of the tenancy due to unforeseen circumstances the landlord will put the property up for re-let and until the property is re-let
It is so agreed that tenant will remain responsible for the out goings and the full rent until a new tenant has commenced their responsibility under a new tenancy or the expiration date of this tenancy which ever is the sooner

It is also agreed that from the date of the new tenant takes responsibility of the property until the expiration date of this tenancy the tenant (the one named in The Schedule annexed hereto will pay a charge to the landlord of 20% of the rent until the expiration date specified on the The Schedule hereto annexed to this the tenancy


Please Help
Thank you in advance

Steven

jjlandlord
02-12-2011, 15:51 PM
It is also agreed that from the date of the new tenant takes responsibility of the property until the expiration date of this tenancy the tenant (the one named in The Schedule annexed hereto will pay a charge to the landlord of 20% of the rent until the expiration date specified on the The Schedule hereto annexed to this the tenancy

I think you would have a hard time explaining to a court why you think a previous tenant should continue paying you anything after his tenancy has ended.

oaktree
02-12-2011, 17:24 PM
Whoever put together the tenancy agreement for you needs putting in the dock themselves - the grammar is bad enough but the clause is truly atrocious, no chance of getting that past a judge

Snorkerz
02-12-2011, 21:46 PM
You can certainly claim rent until the tenancy ends (it ends by operation of law when new T moes in) http://www.landlordzone.co.uk/forums/showthread.php?20430-T-left-after-4mths.-of-6mth.-letting-wants-deposit-back!&p=191348#post191348

However, you are having a laugh with your second clause.

theartfullodger
02-12-2011, 22:44 PM
Homemaker, had you bought the place off the Tenant then rented it back?