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Short term tennant leaves v early - what are my rights?? HELP!!


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Papadak,just to clarify:

 

1.You cannot keep all the 8 weeks rent/lodgings because the keys were surrendered and thus enabling you to rent out the room again should you have had the desire to do so.

 

2.I am not surprised that you have not had any request for further room bookings from the "school of excellence" as maybe and more than likely the company that paid for the lodgings has mentioned the fact that you did not refund any of the lodgings monies despite the fact that the room was only used for less than 1 week.

 

Please do not take what I have just mentioned personally in any shape or form.However,this is my blunt view based on the information that you have posted.

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Hello all, am browsing the threads and couldn't resist adding my query to this one because it's relevant to a situation I'm involved in at present - I too was under the impression that if a tenant or lodger takes a room for a pre-agreed period of time, they have to honour that contract - otherwise, what is the point of having a contract?

 

Can anyone explain why tenants and lodgers have the right to sign a contract and then not stick to it? And if this is the case, whether there is indeed any point in the contract at all? Thanks!

 

Sirensinger

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Because Siren, the law of contracts does not allow unfair penalties. It only allows the claim of the actual financial loss due to the breach of contract, and the person has to mitigate that loss. Therefore withholding 8 weeks rent, when the actual cost to the landlord(had they mitigated that loss by filling the room) would be significantly less than 8 weeks rent, is an unfair penalty and therefore unenforceable.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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Given that room is only rented out twice per year for the courses there is probably not an opportunity to mitigate loss by renting to someone else as the other attendees already have their rooms. It doesn't look as though the room is constantly being let out to any comers. OP has contracted for a specific period and actual losses would equate to what has been paid as per the contract. There is no unfair penalty here. Seems it was a fixed price contract for a specified time. The other party simply breached the contract.

 

If it was me I would contact the centre and see if they have removed from their list and see if there has been any adverse comments made. If so and I wanted further introductions via them I would speak with the company that paid out and see what their view is and if necessary return some of their money back to them if it would get me back on the list.

 

I would try and find out exactly what the motivation is of the person who is suing.

_______________________________________________________________________________________________________

IANAL - Opinions offered are just my personal views and are not guaranteed to be correct. I have been known to be wrong (once or twice).

Claims in progress against:

Eldest - First Direct - Part Offer received - http://www.consumeractiongroup.co.uk/forum/first-direct/79619-eldest-fd.html

Eldest - Halifax - Cheque Received Full amount - http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/66254-here-we-go-eldest.html

Youngest - Halifax x 3 - Request for refund sent - http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/79617-youngest-halifax.html

Eldest - unnamed Mortgage Provider for Charges and incorrect maths.

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There is no unfair penalty here.

 

That would be for a court to decide.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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That would be for a court to decide.

 

I simply can't see where a penalty comes in at all.

 

Tenant had no contract and paid no money so what do they expect back? They have no basis for bringing a claim. They haven't suffered any loss through this contract. They may have lost elsewhere but that isn't the fault of either of the parties to the contract. The Company that contracted for the room may have a case but it isn't the Company that have asked for the money back. At least that's how I understand what I have read in this thread.

_______________________________________________________________________________________________________

IANAL - Opinions offered are just my personal views and are not guaranteed to be correct. I have been known to be wrong (once or twice).

Claims in progress against:

Eldest - First Direct - Part Offer received - http://www.consumeractiongroup.co.uk/forum/first-direct/79619-eldest-fd.html

Eldest - Halifax - Cheque Received Full amount - http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/66254-here-we-go-eldest.html

Youngest - Halifax x 3 - Request for refund sent - http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/79617-youngest-halifax.html

Eldest - unnamed Mortgage Provider for Charges and incorrect maths.

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  • 2 weeks later...
  • 1 year later...

Hi I am new to this so hope i am doing things correct

 

my daughter is a student and has fallen out with the other student she lives with, my daughter has left the property as she felt the other person was making life impossible for her

 

she still has some four months left on the agreement. is she still libel to pay the rent for the property.

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Hi I am new to this so hope i am doing things correct

 

No. It is better to start a new thread.

 

my daughter is a student and has fallen out with the other student she lives with, my daughter has left the property as she felt the other person was making life impossible for her

 

she still has some four months left on the agreement. is she still libel to pay the rent for the property.

 

Yes.

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