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Landlord’s choice of remedies on tenant abandonment – Time for a rethink?

Landlord’s choice of remedies on tenant abandonment – Time for a rethink?

Pawlowski, Mark ORCID: 0000-0002-5473-5809 and Brown, James (2019) Landlord’s choice of remedies on tenant abandonment – Time for a rethink? Conveyancer and Property Lawyer, 83 (4). pp. 355-370. ISSN 0010-8200 (Online)

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Abstract

The following scenario may not be uncommon to readers specialising in landlord and tenant law. A tenant is granted a tenancy of property (assume this is either a 12-month residential tenancy or a three-year commercial lease). In either case, after only three months of occupation, he decides that he no longer has any need for the property (because, for example, he has found cheaper premises elsewhere) and informs the landlord that he intends to vacate and stop paying rent. The tenant argues that the landlord should accept the surrender of the premises and instruct agents to market the property with a view to re-letting to a new tenant. The landlord is reluctant to accept a surrender given that the tenancy still has some time left to run. What options does the landlord have in these circumstances? Is he obliged to treat the tenancy/lease as at an end? Must he now seek to re-let the premises regardless of the state of the rental market? Can he accede to the tenant’s demand and claim for loss of rent during the remainder of the term? If so, is he under any obligation to mitigate his loss by taking appropriate steps to find a new tenant?

Item Type: Article
Uncontrolled Keywords: leases, leasehold estate, landlord, choice of remedies, tenant abandonment, repudiation, future rent, mitigation of damages
Subjects: K Law > KD England and Wales
Faculty / Department / Research Group: Faculty of Liberal Arts & Sciences
Faculty of Liberal Arts & Sciences > School of Law & Criminology (LAC)
Related URLs:
Last Modified: 13 Dec 2019 11:22
Selected for GREAT 2016: None
Selected for GREAT 2017: None
Selected for GREAT 2018: None
Selected for GREAT 2019: GREAT 3
URI: http://gala.gre.ac.uk/id/eprint/23441

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