Commencement Date

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Commencement Date. Many landlords are very keen to re-let their properties as soon as they have received notice from the existing tenant terminating the contract. The property is advertised, prospective tenants referenced, and if they check out OK, rather than risk losing the tenants and having a void period, the landlord gets them to sign a tenancy agreement with the commencement date being straight after the present tenantís notice to leave, or within just a few days of this date. However, if for some reason, the tenant does not vacate the property, the new tenant cannot obviously take up occupation on the date he has signed for. In such circumstances, the landlord is in breach of contract as he is unable to honour the agreed moving in date. The landlord is liable to pay the tenantís reasonable additional expenses incurred as a result of this breach of contract. A lesson should be learned Ė it is unwise for landlords to sign up a new tenant before the existing tenant has moved out, and given vacant possession.
11/02/2007 00:00

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