| 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.  ________________________________ *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 ________________________________ ARLA’s
Response to the Law Commission Report - August 2008 and
The
Law CommissionHousing: Encouraging Responsible Letting
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. Back
to Property Articles ________________________________ 
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