Landlord is not under a duty to mitigate loss in relation to rent arrears

Reichman and Dunn v Beveridge and Gauntlett, 13 December 2006 (Court of Appeal).

The tenants left the premises during the term of the lease and stopped paying the rent. The landlords sued the tenants for the rent arrears. The tenants argued that the landlords should have mitigated their loss of rent by forfeiting the lease and re-letting the premises.

The Court of Appeal has confirmed that a landlord is not under a duty to mitigate its loss of rent where a tenant gives up possession of the premises and fails to pay rent.
PLC Property


 

The full text of this resource is available by logging in or by requesting a trial. If you have any questions, please contact us or your Practical Law Account Executive.

Free trial

A free trial will give you:

Unlimited access to our online legal know-how services during the trial period
Full training and support
Four issues of Practical Law The Journal, the companion to Practical Law online
Weekly update e-mails on current legal developments in your practice area
 

Log in using Practical Law username

Only use this login if you have not set up OnePass for Practical Law

{ "siteName" : "PLC", "objType" : "PLC_Doc_C", "objID" : "1247248172226", "objName" : "Landlord is not under a duty to mitigate loss in relation to ren", "userID" : "2", "objUrl" : "http://us.practicallaw.com/cs/Satellite/us/resource/6-207-9022?q=&qp=&qo=&qe=", "pageType" : "Resource", "academicUserID" : "", "contentAccessed" : "false", "analyticsPermCookie" : "2-2c75ea6:1547b7cc648:3797", "analyticsSessionCookie" : "2-2c75ea6:1547b7cc648:3798", "statisticSensorPath" : "http://analytics.practicallaw.com/sensor/statistic" }