DKT99 Posted June 1, 2008 Report Share Posted June 1, 2008 Hi I have taken references from a tenant everything was satisfactory and and they signed the AST on the 28th May. They picked up keys yesterday but i have had a phone call this morning to say that their furniture cannot navigate the narrow corridoors up to the flat, thus they are pulling out. What is the cooling off period and what percentage of the deposit am I legally obliged to return? Thanks Link to comment Share on other sites More sharing options...
SPEEDTWIN Posted June 1, 2008 Report Share Posted June 1, 2008 That is their problem they should have looked into that at the start. They legally now have to pay the rent until you can find another tenant or the contract ends and have to pay any extra costs such as adverts. Dont return any deposit or rent at this stage. Dont agree to them moving out until new tenants found that are ok to you. There is no cooling off period. Once the contract is signed (and dated) it is signed. No matter who they go to for legal advice they will be told the same. Link to comment Share on other sites More sharing options...
Simon Dewsberry Posted June 1, 2008 Report Share Posted June 1, 2008 Agree completely with Speedtwin..... Do we as LL have a cooling off period in which to remove T from prop ? I think NOT !!!!! The Rodent Link to comment Share on other sites More sharing options...
GPEL Posted June 1, 2008 Report Share Posted June 1, 2008 Cooling off periods only come in to play under distance selling regulations, where appliceable to tenancies. They are responsible for their own due diligence re furniture and not something you could possibly have any control over. As mentioned, they remain liable until new tenants take possession or the end of the fixed period, whichever is sooner, and your costs for finding replacements. Link to comment Share on other sites More sharing options...
Melboy Posted June 2, 2008 Report Share Posted June 2, 2008 They are entitled to nothing. Their problem which should have been investigated from the time they viewed the flat....nobody else's problem. Mel. Link to comment Share on other sites More sharing options...
simonbaldry Posted June 2, 2008 Report Share Posted June 2, 2008 Hi You should be ok with the distance selling regs, is there a clause in your tenancy saying they don't apply? Another good thing for you there was a court ruling a few years ago, when a tenant left the property as they no longer wanted it.The tenants asked the landlord to remarket the property and they offered cover any extra costs incured ie agencys fees etc. However the landlord refused to let the tenant out of the agreement and won the right to full rent whilst having an empty property. Normaly the decent thing is to let the tenants out of the agreement, only when you have found new suitable tenants Link to comment Share on other sites More sharing options...
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