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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

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*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

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*See also Implementation of the Regulatory Reform (Fire Safety) England & wales) Order 2005 Click Here

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*See also Understanding Business Tenancies June 2007 Click Here

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*See also Going Smoke Free - England July 2007 Click Here

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*See also Energy Performance Certificates in Let Property - 29 January 2008 Click Here

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ARLA’s Response to the Law Commission Report - August 2008 and The Law CommissionHousing: Encouraging Responsible Letting Click Here

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* 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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