9:21 AM, 22nd November 2018, About 3 years ago 13
Is Shelter somehow liable for the criminal activities activities it encourages? If Shelter encourage and facilitate tenants staying in properties without paying rent (and those sorts of activities), are they not encouraging criminal behavior? Are they not then accomplices and can be held accountable? Could they then be taken to court in some capacity?
A tenant and a landlord have a contract/AST. Shelter as a 3rd party is encouraging the tenant to break that contract/act in away, and damaging a 3rd parties interest ie the landlord, and it knows full well the consequences of its actions (so they wouldn’t be able to cry ignorance) as they are usually trying to make sure the tenant is made homeless, and not voluntarily homeless (which means the tenant is also attempting to ‘gain’ an outcome at the detriment of the landlord).
Could the landlord not have some recourse against Shelter for interfering in the contract? This has been done at such scale, could it not invite a class action (I’m not a lawyer so don’t know the correct phrasing but would have thought there is something here)?
Usually there is the notion that parties need to take steps to minimize “losses” that may occur in any compensation event. Shelter encourage the opposite through “don’t pay rent and stay til the bailiffs come”, or seek to find administrative loop holes to frustrate the process ie was “How to Rent” guide etc issued invalidating any notice served.
So from the point that Shelter are involved with a delinquent tenant, could they not be liable for subsequent loses incurred by the landlord? These are going to be easy to quantify as landlord didn’t get rent and couldn’t “minimize their loss” as landlord couldn’t gain possession due to tenant following Shelters advice. Maybe there could be further ‘damages’ they are liable for as the property becomes further damaged/any repairs take time and incur further lost rent.
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