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ANY PROPERTY LAWYERS HERE? QS sorry rental saga continues, need advice as solicitor is taking his time returning my call

7 replies

QuintessentialShadows · 09/06/2008 14:11

I have a problem, very much outlined on another thread, but I have been waiting quite a while now for solicitor to call me back, and I am anxious to the point of being sick.

I am letting my house while I am overseas, using an estate agent, managed service. A tenant was found, single mum of two, stating she needs a house for herself and her two kids. The contract is signed, she is due to move in on the 15th June. She is the only person named on the contract. She told my dh that her mother is also moving in and my neighbour that her husband, brother, mum and dad, and her children will live with her.
The agent queried this with her, she says it is only her and the kids.
The agent says I am legally obliged to stay bound by the contract as she has not done anything wrong yet. I dont trust him. Is there a way out of this without having to pay hotel for the tenant and all these people as I break the contrac?

OP posts:
sunshineandshowers · 09/06/2008 14:17

What is actually wrong if all these people move in?

mumblechum · 09/06/2008 14:22

If you do rescind the contract now, she can of course sue you for breach (assuming there isn't specific provision in the contract to cover her expenses, which is v. unlikely).

She'd issue the proceedings in the county court, you'd defend them, with the help of witness statements from the neighbour and your dh, and the court would have to decide whether in fact it was she who indirectly breached the contract. If the court finds in your favour, you get confirmation that the contract is rescinded and may get some of your costs back, but that depends on whether the proceedings are brought in the small claims court or not (if so, no costs order will be made).

If she's successful, she'll get damages for breach but they'll be limited to actual expenses, so probably not more than £1k to £2k.

She may be advised not to proceed.

If I were in your shoes (I've seen your other thread) I'd be inclined to break the contract now and offer her a few hundred quid to go away if you're feeling particularly generous.

(I'm not a property lawyer btw, am a divorce lawyer)

Obviously, this is a risk,

mumblechum · 09/06/2008 14:23

Ignore last line of my post.

QuintessentialShadows · 09/06/2008 14:35

Mumblechum do you know if I am bound to pay her accommodation till she finds other suitable accommodation for herself and entire family if I do breach? (my estate agent says this)

What repercussions would it have for me to break the contract?

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QuintessentialShadows · 09/06/2008 14:36

Mumblechum do you know if I am bound to pay her accommodation till she finds other suitable accommodation for herself and entire family if I do breach? (my estate agent says this)

What repercussions would it have for me to break the contract?

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mumblechum · 09/06/2008 15:21

Depends whether there's express provision in the tenancy agreement for you to pay her expenses, which is unlikely.

remember the agent isn't independent - they want the fees!

Your specialist lawyer will be able to give you more info. Hope he/she calls you back soon

QuintessentialShadows · 09/06/2008 17:56

He hasnt called me back, I have spoken to the legal secretary twice. The contract mentions nothing about legal costs.

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