legal house letting question help needed please

[CaroCaro]

I would really appreicate any help with this. A friend of mine rents out her flat, her tennant gave notice to move out eg: 4 weeks but ended up moving out a week early. A new tennat was found and she moved in straight away, covering the last week of the previous tennant. Both were charged the weeks rent as they were completely seperate contracts eg: the old tennant moved out early and the new tennat started paying when he moved in. Is this legal to charge twice even though the old tennant left early? After all why would you give a new tennant a week free? Any ideas?

 

[bwglaw]

Not a housing law specialist but it does appear to be perfectly legal for the Landlord to claim the full 4 weeks rent as notice even if a tenant was found sooner. It is a matter of agreement as well as referring to housing legislation.


Jonathan

 

[Astaroth]

Whilst I am not really any form of legal expert I would imagine that there would have been an issue if the leaving tenant had wanted to return to the property for any reason in that final week for which they had paid for use of the property.

 

[bwglaw]

Whilst I am not really any form of legal expert I would imagine that there would have been an issue if the leaving tenant had wanted to return to the property for any reason in that final week for which they had paid for use of the property.

I don't think there is an issue if the agreement stipulates or legislation says that the landlord is entitled to 4 weeks notice. Once given the agreement is terminated and the landlord is not obliged to accommodate the tenant if the tenant chose to leave early.

 

[Astaroth]

I am not challenging your authority as I am well aware that your contract law knowledge exceeds mine.

If a contract requires either side to give a set period of notice and that notice (and associated payment) is duely given surely the payee would be entitled to the paid for service during the duration of the notice period? Or are you saying the fact they had moved their items out/ given keys back etc mean that they have waived their rights to the remainder of the paid for service?

 

[KM-Tiger]

Does the concept of mitigating losses apply here?

If the landlord has not lost anything as they have another tenant in place, then they could refund (less any expenses incurred in getting the incoming tenant) the outgoing tenant.

 

[bwglaw]

I can see where you are coming from but this is not entirely a matter of contract law but it is a housing law issue.

A landlord should not be confused with a service provider as contract law recognises. Housing law is different to contract hence stating I am not a housing law specialist and housing legislation will state whether a tenant is entitled to return to a property that is still under notice

Jonathan