Unilateral Decisions – are they legal?

  • There is no such thing as a unilateral agreement sincerely one party is involved resulting in a unilateral decision.  An agreement requires more than one party to agree (a bilateral or multilateral agreement).
  • A unilateral decision is a one sided decision without regard to any others affected or to any relevant parties.
  • This may be legal in the event a landlord decides to evict a tenant against his wishes, say due to breach, or at the end of a tenancy term without the requirement to consult with the tenant other than to make a statement of intention to evict by providing, say a s8, or s.21. Notice To Quit
  • Similarly during a tenancy term a tenant may wish to leave prematurely – whist he is free to do so, he remains responsible for the obligations under the tenancy agreement – including payment of rent.
  • The Landlord is not obliged to agree to early termination of the tenancy.  He is entitled to unilaterally decide not to release the tenant from the agreement.
  • Whilst it may not be illegal, it is kinder and prudent to consult where possible in order to achieve the least acrimonious outcome in what is likely to be an emotive topic.  It may be the landlord’s house but it is also the tenant’s home.

What are your thoughts?

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