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Someone I know was fined by the Landlord for breach of the Lease.
I was told by a person affiliated with the Landlord that there is a provision in the Lease for imposing fines in cases where the Lease has been breached.
However a friend who happens to be a Managing Agent of many years experience, said he thought the whole thing was very odd business - his understanding was that a Lease can only impose compensation (agreed or otherwise) based on quantifiable damages, and if no damage was cause (and in any case the particular breach has stopped), a 'fine' would not be enforceable regardless of what the Lease might say.
This is an interesting point which to some extent mirrors the private parking 'fines', and I found this regarding contacts in general (i.e. not Lease):
Damages - Wikipedia, the free encyclopedia
Though I wonder if anyone know what is the situation regarding Landlord's Leases?
Unfortunately I can't be too specific, in case either party does decide to take this to court (unlikely as it may be at this stage).
What do you think?
I was told by a person affiliated with the Landlord that there is a provision in the Lease for imposing fines in cases where the Lease has been breached.
However a friend who happens to be a Managing Agent of many years experience, said he thought the whole thing was very odd business - his understanding was that a Lease can only impose compensation (agreed or otherwise) based on quantifiable damages, and if no damage was cause (and in any case the particular breach has stopped), a 'fine' would not be enforceable regardless of what the Lease might say.
This is an interesting point which to some extent mirrors the private parking 'fines', and I found this regarding contacts in general (i.e. not Lease):
Damages - Wikipedia, the free encyclopedia
Though I wonder if anyone know what is the situation regarding Landlord's Leases?
Unfortunately I can't be too specific, in case either party does decide to take this to court (unlikely as it may be at this stage).
What do you think?