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Is the letting agent right in saying this?
Comments
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SashikoStitcher wrote: »Exactly - so why only sign on the day?
neither I or the tenants have necessarily expressed an interest/desire/need to sign earlier...
But its not about me...its your thread and I'm happy to continue as I am and let you get the answer to your query.in S 38 T 2 F 50
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It all depends on whether you just want to get on with business, or whether you want to get some kind of tenuous revenge on the bad man for mucking you about a little bit.
I get your point across the board, however this guy has breached a contract. A contract is not something to be entered into lightly and this is effectively drilled into you throughout your years.
Whilst I don't think OP should rip him off, on the other hand there needs to be consequences to actions. He signed a contract. He paid funds thereby demonstrating he fully understood the contract. He now breaches the contract.
OP is entitled to withhold funds - reasonably - as a result of this as a result of damages (if they can be proven...).0 -
Yes, the OP is absolutely entitled to recompense for the losses he's incurred through the tenant breaching the contract - at least insofar as they're within the extent of reasonable mitigation.sillyhilly wrote: »OP is entitled to withhold funds - reasonably - as a result of this as a result of damages (if they can be proven...).
Teaching him a lesson about the consequences of breach of contract is not the same thing.0 -
Adrian, my losses are much more than “two days of re-marketing opportunity”. Every day that the flat lies empty I am losing rent that the flaky tenant would have been paying. I’ve discharged my duty to mitigate by re-marketing immediately, and will continue to do so by giving reasonable consideration to any new offers made on it. However the losses continue to accrue while these steps are being taken. Plus the extra fees I have to pay for setting up a new tenancy at a time when, but for the flaky tenant’s breach of contract, I would not have had to do so.0
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Typically how long is rental property staying on the market in your area?
How long do you expect to have to wait for the next tenant?in S 38 T 2 F 50
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As you would have been if he simply hadn't signed the contract two days earlier.SashikoStitcher wrote: »my losses are much more than “two days of re-marketing opportunity”. Every day that the flat lies empty I am losing rent that the flaky tenant would have been paying.
...
Plus the extra fees I have to pay for setting up a new tenancy at a time when, but for the flaky tenant’s breach of contract, I would not have had to do so.
That's what you need to be comparing your losses to.
Scenario A, scenario B, remember?0 -
That’s not how contract law works Adrian. The relevant measure of damages is what it would take to put the injured party in the position in which they would have been had the contract been performed. Comparing my position now to what it would have been if the contract had never been entered into is legally incorrect.0
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Just read that back to yourself slowly.SashikoStitcher wrote: »The relevant measure of damages is what it would take to put the injured party in the position in which they would have been had the contract been performed.
The contract was signed, but never got started.
Your losses are as compared to the contract not having been signed.
Look, we're clearly not going to agree... So just let us know what happens when you take him to court for the total rent due, plus remarketing etc costs, from the date he should have moved in right up until the date another tenant moves in, OK?0 -
I don’t need to take her to court. I have the money. She has to sue me to get it back.0
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Ah, so already you're setting a cap on the amount of these losses that you want to claim...0
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