We went to tribunal today. We had 3 folders filled with paperwork and the tenant had nothing, and butchered his verbal opening statement, getting dates wrong and not knowing the date of the alleged entry.
The tenants claims were dismissed however the Adjudicator stated that the tenant should not have to pay for the days of the lease that he was not allowed to move in because he had not paid rent. The Adjudicator acknowledged that the tenant was in breach, reminded them of the contract they signed, but also declared that we were in breach because we denied access. I asked the Adjudicator to clarify because if I had given them the keys I would have been in breach of the act, and what incentive would tenants have (precedent) from this point to pay the first lot of rent. His response: "they would be in breach".
He said he needs to check the act but the verbal ruling is no damages for the alleged illegal entry / harassment / stress, and lease period to be monthly, with the date adjusted to when they actually moved in.
So once again the tenant commits the breach and the landlord is the one out of pocket.
Tenant requested termination and we agreed. Tenant tried to claim for breaking electricity contract, moving costs etc and these were dismissed.
The tenants claims were dismissed however the Adjudicator stated that the tenant should not have to pay for the days of the lease that he was not allowed to move in because he had not paid rent. The Adjudicator acknowledged that the tenant was in breach, reminded them of the contract they signed, but also declared that we were in breach because we denied access. I asked the Adjudicator to clarify because if I had given them the keys I would have been in breach of the act, and what incentive would tenants have (precedent) from this point to pay the first lot of rent. His response: "they would be in breach".
He said he needs to check the act but the verbal ruling is no damages for the alleged illegal entry / harassment / stress, and lease period to be monthly, with the date adjusted to when they actually moved in.
So once again the tenant commits the breach and the landlord is the one out of pocket.
Tenant requested termination and we agreed. Tenant tried to claim for breaking electricity contract, moving costs etc and these were dismissed.
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