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Jo C.
Jo C., Barrister
Category: UK Property Law
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Experience:  Over 5 years in practice.
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My son and two friends have a signed contract to rent a flat

Resolved Question:

My son and two friends have a signed contract to rent a flat with a moving in date of 14th Sept 2013. The landlord now needs the property 'for a few weeks for his parents' . Two of the boys have had to give notice on current accommodation so will be homeless. Can the landlord do this?
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Jo C. replied 1 year ago.
Hi

Thank you for your question and welcome to Just Answer. My name is XXXXX XXXXX I will try to help with this.

What type of contract did they sign please?
Customer: replied 1 year ago.

FOR JOMO1972


 


12 MONTH Tenancy Agreement

Expert:  Jo C. replied 1 year ago.
Thanks for the information.

Of course the landlord cannot lawfully do this but the fact remains that he is seeking to do so.

The landlord is locked into an AST and he should not be seeking to vary it.

That said though, he is seeking to do so. You can seek a mandatory injunction forcing him to let them move in but its not cost effective to do that and it might be refused.

A more effective alternative is to damages for their actual loss. If he has only just told them then they have 14 days to find accommodation elsewhere. That might be possible in your area or it might not. It might be that they cannot find accommodation at a suitable cost or they incur additional transportation expenses. They can claim at the small claims court for their costs actually incurred if they exceed what they would have incurred anyway - for instance, they cannot claim the cost of rent because they would have had to pay that anyway but if they have to accept a higher rent the different might be recoverable.

Hope this helps. Please let me know if you need more information.
Jo C., Barrister
Category: UK Property Law
Satisfied Customers: 64964
Experience: Over 5 years in practice.
Jo C. and 2 other UK Property Law Specialists are ready to help you

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