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Estate Agent holding me to ransom

Started by HP1485, January 14, 2017, 01:01:12 PM

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HP1485

Last summer I registered with an Estate Agent to rent my property.  They found me a tenant who wanted a 6 month break out clause in the one year contract.  At the time I was desperate  to rent out my property and agreed to this.  The tenant has been a model tenant but has asked to leave the property at the end of six months. 

The Estate Agent asked for the one year commission fee up front - this was more than one month's rent which they took from the rental income plus a further payment for the additional monies.  They told me at the time that if the tenant left after 6 months, they would refund me 6 months worth of commission.  Now the tenant is due to leave at the end of February and I have been told that unless I stay with this agent until April, they will not refund me the commission due.  I am not happy with the type of tenants they are now finding me but when approaching another estate agent, I was told that the new agent wouldn't market alongside the current agent.  My current agent has said that if I don't keep them until April, I cannot have my 6 months commission refunded - is this ethical and/or legal?

Hippogriff

You need to review the agreement you signed with the Agent. Obviously, at least as you describe it, it's not ethical... so little is. But you can't blindly sign your name to stuff and not expect any fallout, especially when dealing with Agents. Read what you've signed and, hopefully, challenge them with it or accept your lot, realising what you signed up to.

HP1485

Thank you for your reply.  I have read and re-read my documents but cannot find anything that stipulates I need to remain on their books for four weeks after the tenant leaves.  I have asked them to forward the statement I am supposed to have signed to this effect on Monday.  I will let you know the outcome.