in a contract, not even a lawyer can stop a breach by either party. To link a lawyer to the breach is like asking for life guarantee that the contract cannot failed.
All remedies are provided in the contract for any breach and the plaintiff can act on the clause if negotiation fails.
Coming back to the agent ..
The contract between the landlord and agent is to secure a tenant. Once the landlord accepts the tenant's offer to rent and the tenancy signed, the agent contractual duty is over and the landlord is deemed to have taken over the risk.
The agent, like a lawyer, cannot guaranteed that landlord or tenant complied with the terms of the TA but they can help to negotiate for an agreeable settlement. Is up to both party to accept or otherwise.
If the tenant eventually moved out, is up to the agent whether he wants to find a replacement tenant for the landlord out of goodwill but one cannot ask a lawyer for foc service to sue. You must pay more fees for further legal actions !
Alternatively, the landlord can accept the replacement tenant suggested by the defaulting tenant and sign a new tenancy agreement. In doing so, deposits have to be refunded after deducting any damages to the property, outstanding utilities and rental for void period.
A landlord cannot stop a tenant from damaging his property and that is the risk for letting others to live in the property.
This post has been edited by mini orchard: Jul 10 2020, 01:21 PM
rental tenant wants to move out after 1 month stay, agreement is 1 year
Jul 9 2020, 02:58 PM
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