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MISLEADING LETTING AGENTS

Re: MISLEADING LETTING AGENTS

Postby diy » Wed Oct 18, 2017 6:11 am

The AST binds both tenant and landlord. So if the tenant is to be held to the contract, then the landlord hasn’t much choice either.
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Re: MISLEADING LETTING AGENTS

Postby atticus » Wed Oct 18, 2017 7:11 am

Do you really think that this tenant has indicated a burning desire to be bound by the contract? The landlord is looking at damages for this naïve person's breach of contract.

This tenant cannot now say "I've changed my mind about changing my mind, so give me back the keys - I'll move in and not pay any rent until the place is redecorated to my exact specifications".
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Re: MISLEADING LETTING AGENTS

Postby diy » Wed Oct 18, 2017 7:24 am

No - I agree with you. I also formed the opinion (perhaps unfairly) that the Tenant was looking for excuses not go ahead. Perhaps having found accommodation elsewhere. As I said in my first post, it would be a strange situation where a Tenant was in a position to "reject" the property and walk, as he/she had no doubt ended his/her previous accommodation arrangement. However, the passage of time is important here. The tenant has probably already paid his first months rent and if the rejection/rebuttal was within a few days, then the Tenant hasn't yet breached his/her obligation and could well change his/her mind, before the rent was due.

On the question DLS asked:
Section 11 of the Landlord and Tenant Act 1985, rule of set off etc.. I'm not suggesting failure to paint nicely (or whatever the tenant was objecting to) would apply, but nobody here knows the details and giving the Tenant the benefit of the doubt, I suggested they "explored" these rights.
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Re: MISLEADING LETTING AGENTS

Postby dls » Wed Oct 18, 2017 9:17 am

The 1985 Act does impose obligations on a landlord, but these are as to major elements of living only, and do not include decorative tastes.

The right of set off (such as it is) will routinely be excluded by a tenancy agreement.
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