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Stuart J
Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 19563
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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Hi, once a tenancy agreement has been signed by both the landlord

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Hi, once a tenancy agreement has been signed by both the landlord and the propsective tenant is it a legally binding contract. what are my rights as a landlord to seek damages if the tenant has pulled out 2 days prior to the start date (move in date?) Thanks
Submitted: 8 months ago via Tenancy Agreement Service.
Category: UK Property Law
Expert:  Stuart J replied 8 months ago.
Thank you for the question. It is my pleasure to help you with this today. Please bear with me if I ask for more information.

Did the tenant have yr signed copy and did you have their signed copy?
Why did they pull out?
Thanks
Customer: replied 8 months ago.

Hi,


 


I had there signed copy and mine was with my letting agent ready to be sent. they didnt send beofre the tenant pulled out.


 


reason the tenant pulled out was "extenuating circumstances" family issues with the prospective tenants mother.

Expert:  Stuart J replied 8 months ago.
if they have signed the agreement, and given it to you, then they are faced with entering into the tenancy agreement. If they simply decided that they did not want to, (regardless of the reason) and they could pull out without notice, there would be no point in having a tenancy agreement in the first place!
You are under a duty to mitigate your loss and therefore you have to try to get a new tenant.
The tenant is responsible for agents cost in respect of re-electing and any rent for the period from when the tenancy was supposed to start until when you get a new tenant.
You must make all reasonable efforts to get a new tenant.
If the tenants will not pay the rent, and you have a deposit, you can deduct the rent from the deposit and sue them for any balance in the Small Claims Court.
Does that answer the question? Can I help further? Can I answer any specific points?
Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 19563
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
Stuart J and 3 other UK Property Law Specialists are ready to help you

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