10:57 AM, 18th August 2015, About 6 years ago 21
I have an ugly situation on my hands here despite my many years experience in lettings.
Our new tenants (& guarantor) signed an AST last month. After they signed and returned it, a full week later I was informed that they had changed their mind. They had made a partial payment (not even close to what was due) and have been insisting they want this returned.
Now, being a reasonable person I said I would not hold them to the 6 month contract but re-advertise, and then they could pay a daily rent up until a new tenant came in, which happily, happened very quickly.
Despite weeks of negotiation the previous tenant is not in agreement and insists they want all their money back and refuse to pay any rent even though they signed the contract.
They are calling the part payment their deposit. I have tonnes of email correspondence demonstrating our weeks of negotiation, as I was hoping it would all be resolved amicably. As it hasn’t been resolved I took the precaution of sending this small payment to the custodial scheme, but they’ve now realised its four days past the 30 day allocated time to register and want to take me to court.
I have said that’s fine but of course, I’ll be issuing a counterclaim for breach of contract and rent owed. Will the judge automatically make me pay them x3 of this money? I have heard judges look at cases individually and clearly this is not a black and white case!
Any feedback would be appreciated!
Please Log-In OR Become a member to reply to comments or subscribe to new comment notifications.
Advice and implementation provided by a practising Barrister-At-Law with £10,000,000 of Professional Indemnity InsuranceBook Now
|“Account”||means an account required to access and/or use certain areas and features of Our Site;|
|“Cookie”||means a small text file placed on your computer or device by Our Site when you visit certain parts of Our Site and/or when you use certain features of Our Site. Details of the Cookies used by Our Site are set out in section 13, below;|
|“Cookie Law”||means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003;|
|“personal data”||means any and all data that relates to an identifiable person who can be directly or indirectly identified from that data. In this case, it means personal data that you give to Us via Our Site. This definition shall, where applicable, incorporate the definitions provided in the EU Regulation 2016/679 – the General Data Protection Regulation (“GDPR”); and|
|“We/Us/Our”||Means Property118 Ltd , a limited company registered in England under company number 10295964, whose registered address is 1st Floor, Woburn House, 84 St Benedicts Street, Norwich, NR2 4AB.|
|Name of Cookie||Purpose||Strictly Necessary|
|JSESSIONID||Used only to collect performance data, with any identifiable data obfuscated||No|
|__cfduid||This cookie is strictly necessary for Cloudflare's security features and cannot be turned off.||Yes|
|Name of Cookie||First / Third Party||Provider||Purpose|
|__utma, __utmb, __utmc, __utmt, __utmz||First||Helps to understand how their visitors engage with our website|
|_fbp||First||Helps to understand how their visitors engage with our website|