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1 Comment
09/07/2019 8:26 am
Firstly, if you can prove actual “occupation” for any period, the tenant is absolutely liable without question.
Once the property is empty, it becomes more tricky and depends on the terms of the tenancy.
If you’re using our agreements, the tenant remains liable until the tenancy ends (even if that is after they ceased to occupy and in your case the Friday).
If not using our agreements, you would need to see if there is a provision whereby the tenancy continues as a contractual periodic tenancy. If there’s no provision, it will roll on as a statutory periodic and then generally the landlord is liable irrespective of when the tenancy might actually end.
In addition, the initial fixed term must have been for 6 months or more for the tenant to be liable.
If the tenant is liable, an appeal would need to be made.
Full details about liability where a tenant fails to give proper notice is available here. The link also has templates for appealing.
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