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Duty
of Landlords To Mitigate Loss 12th January 2007 by Dr David
Smith of Pain Smith Solicitors*
PainSmith
Solicitors Legal Update
12
January 2007
Duty
of Landlords to Mitigate Loss
It
is a widely accepted principle of contract law that a party
to a contract should Seek to mitigate losses brought about
by another party's failure to fulfil their contract adequately
(British Westinghouse Electric Coy v Underground Electric
Railways Coy [1912] C 673). It is usually assumed that this
principle a lies equally to landlords faced with a tenant
who wishes to surrender his tenancy during the contractual
term.
However,
the Court of Appeal has recently decided that this is not
the case. In the case of Reichman & Anor v Beveridge & Anor
[2006] EWC Civ 1659 the Court of Appeal held that a landlord
had a choice whether to accept a tenant's surrender during
the fixed term of the tenancy and then to re-let the property
or whether to simply refuse the surrender and sue the tenant
for each installment of rent as it became due. Please
click on the logo below to download the full article in PDF
format
The
free Adobe Acrobat Reader is available to download direct
from Adobe by following the link.
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*See
also Section 13 Notices and Is the deal closed? The
use of the 'Subject to Contract' formula- For
full article Click
Here
________________________________
*See
also Safety Glass and Defective Premises Act - The
Information on a Court of Appeal decision (7th February 2007)
regarding the Defective Premises Act 1972 For full article
Click
Here
________________________________
*See
also Implementation of the Regulatory Reform (Fire Safety)
England & wales) Order 2005 Click
Here
________________________________
*See
also Understanding
Business Tenancies June 2007 Click
Here
________________________________
*See
also Going Smoke Free - England July
2007 Click
Here
________________________________
*See
also Energy Performance Certificates
in Let Property - 29
January 2008 Click
Here
________________________________
*
Articles
courtesy of PainSmith
Solicitors are a niche practice specialising in Landlord and
Tenant Law. Based in Medstead in Hampshire, they are ideally
situated to provide an efficient service to clients nationwide
as well as those based in Central London and the Home Counties.
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to Property Articles
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