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Agent wants to keep commission when tenant has left early

Started by Val761, October 12, 2015, 07:15:01 PM

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Val761

I had a tenant who originally signed up for a year, from 27th April, 2015, and paid a year's rent in advance.  A year's commission was deducted from this, in advance , by the agents I am using.
After a few months she decided she liked the development so much she wanted to buy an apartment herself.  So she left, on 29th Sept., 2015, having bought an apartment.  I had another tenant installed in my apartment from 1st October, 2015
The agents advised me I needed to make arrangements to repay her the rent for the months she would not be living there, ie, from 1st October 2015 to 26th April, 2016.  I totally accept this and have made arrangements to pay her back.
But, the agents have said they will not refund me the commission pro rata for the months she will not be there.  They have told me to deduct it from the rent I owe her, ie, pay her back the rent I owe her, minus the amount of the  commission.

Surely this can't be right?  Why should she have to refund the commission?  the commission was a matter between me and the agents.  I feel they would be putting me in the wrong if I did this.  Is it a case of them just not wanting to refund me the commission.
Really can't believe the tenant should have to pay this.
After all had she been paying the rent by the month in the normal way, they would only have received their commission by the month, so would only have received it up to the month she left.
And if they wanted to charge her some kind of penalty for leaving early they should have made this clear to her when she broke the contract, not recover money by hanging on to the commission, the balance of which I feel should come back to me

emma6

Atkinson McLeod tried this one on me. I fired them after six months, but they had taken the whole year's commission.

I sued in the Small Claims Court (takes ten minutes online), and I won every penny back. The judge was furious.

Essentially, they are taking money for services they have not provided, which is theft, as defined in the Theft Act 1969.

Fight your corner. They have no business holding on to this.

Val761

Thanks Emma.  Yes, I will take it all the way if needs be; the Small Claims Courts hold no fears for me as I worked in them for 8 years.  I have sent an email to the Agent expressing my rejection of what they're saying and will see what happens. 

Val761

 :D  Good news!   The agents have agreed to repay me!!

emma6

Let us know when the money has actually cleared into your account </bitter cynicism born of experience>