View Full Version : Notice served by solicitor and not tenant
05-07-2005, 10:08 AM
I have a tenent who has a 1 year tenancy with no break clause he has been in for four months an want to leave because I will not remove the large Items of furniture. He refuses to meet with me to discuss how we can move this forward and now he has sent a solicitors letter terminating his tenancy.
Can the solicitor do this on his behalf, if so should there have been a letter signed by the tenant terminating his tenancy.
05-07-2005, 11:50 AM
I would say that the notice has to be signed by the tenant
You do not have a contract that can be terminated with the solicitor
So he has no power to treat
Most solicitors are incredibly ignorant of hosuing law so he probably doesn't know what he is doing
Let's see what the experts say :)
05-07-2005, 12:17 PM
The solicitor is acting with the authority of the tenant as his agent in much the same way as an agent will act for his/her landlord. So yes, the solicitor can send a notice in to the landlord terminating the tenancy and it is just as valid as if the tenant had signed it him/her self.
But you cannot sue the solicitor if the tenant fails to move out - only the tenant.
05-07-2005, 17:52 PM
So does the tenant still have to pay rent whilst I find another tenant/buyer as there is still 8 months of the tenancy left?
05-07-2005, 18:33 PM
Yes, but you are under a duty to mitigate the loss - i.e. you cannot just sit back and take 8 months rent off the tenant, you must do all you reasonably can to re-let.
05-07-2005, 19:09 PM
I fully intend to remarket the property both for sale and rental. I really do not want this property any more it's been nothing but trouble.
05-07-2005, 22:16 PM
I really do not want this property any more it's been nothing but trouble.I see this comment often on this forum, the property is not the problem, matching the tenant to the property will eliminate tenant related problems. If there are regular complaints about faults then either the tenant is a pain or the landlord isn't carrying out repairs properly. In this case there is a failure to communicate properly between landlord and tenant, that's not a property problem, its a case of intransigence.
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