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Is this correct or Legal ?

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Author Topic: Is this correct or Legal ?  (Read 198 times)
Newbie
Posts: 3

I like property

« on: February 15, 2022, 01:15:27 PM »

Good day,

I have been renting my current property for nearly 1.5 years. I first sighed a 12 month contract (which would then go on to a rolling contract). After the first 12 months we renewed the contract for a further 12 months.

I have now given the LL notice to vacate and apologised for having to leave 4 months early - the LL seems nice and totally understands. However the Agency seems to be coming back with what I think is quite unreasonable.

  • we need to pay £400 upfront - this covers check in for new tenant and checkout  for me as well as marketing fees
  • the above seems unreasonable, as the LL would have had to pay this anyway if I had moved out in 4 months time - the payment for the above is just brought forward /li]
    • LL has told me not to tell the agency, but they are thinking of selling - so basically I will be paying all fees for LL then at end of future tenants contract they could sell and come out £400 on top ? /li]
    I have told the agency - im happy to pay half - as I appreciate I am ending the tenancy earlier.

    • Agency has also told me I am Liable for the rent if they dont find anyone - which I understand - TBH this house I believe will get let out very quickly  as its modern and spacious
    • Agency has now listed the property £500 over what we are paying
    - I appreciate  this type of property  is in demand, but I feel like they are telling me im liable , but by putting the rent up by quite allot - they are limiting the amount of applications they will be getting.

    Can anyone help with the above ?


     thank you so much
Hero Member
Posts: 718

I like property

« Reply #1 on: February 15, 2022, 01:36:01 PM »

What agreement do you have with the agency as opposed to the landlord?

Any idea what agreement the landlord have with the agency?

Ultimately, your tenancy agreement is with the landlord, unless you have already agreed otherwise with in terms of possible agency fees for early termination. What of that £400+ are demanded by the landlord on you, what of it is just the agent wanting it?

Quote
(3) A payment is a permitted payment if it is a payment to a letting agent in consideration of arranging the termination of a tenancy at the tenant's request—

...

(4) But if the amount of the payment exceeds the reasonable costs of the letting agent in respect of the termination of the tenancy, the amount of the excess is a prohibited payment

Go ahead and argue what you think is reasonable costs, but you have to remember your landlord don't have to agree on your early termination. They can always choose the option of you remaining a tenant and paying the final 4 months rent.
Newbie
Posts: 3

I like property

« Reply #2 on: February 15, 2022, 03:04:03 PM »

Quote
What agreement do you have with the agency as opposed to the landlord?

I have an Assured shorthold tenancy

Quote
Any idea what agreement the landlord have with the agency?
not sure about this - agency collects and manages the property

Ultimately, your tenancy agreement is with the landlord, unless you have already agreed otherwise with in terms of possible agency fees for early termination. What of that £400+ are demanded by the landlord on you, what of it is just the agent wanting it?


Go ahead and argue what you think is reasonable costs, but you have to remember your landlord don't have to agree on your early termination. They can always choose the option of you remaining a tenant and paying the final 4 months rent.

are they allowed to increase the rent though ? because this makes the possible tenant pool much smaller, and leaves me even more open to being liable for the full rent ?

 thanks so much  for your  response
Global Moderator
Hero Member
Posts: 4451

Abuse Officer

« Reply #3 on: February 15, 2022, 04:15:13 PM »

There's nothing to stop the Agent listing the property for a higher amount than you were paying... for a new Tenant, for a new AST.

However, I don't think you would sit back and accept that you would be paying that higher rent for the time period it is not let. You would still be paying the amount specified in your AST (after all, that's what that's for, right?). The question that is not clear, though, is whether the Agency has asked for this... formally... or have you put two-and-two together and got five? Have you assumed that the new listing price is the price they will ask for when it remains unoccupied?

If they have tried that, I'd simply refuse.

If your only concern is the smaller Tenant pool... then I do not think £500 per year would change anyone's mind... or do you imply £500 per month?
Newbie
Posts: 3

I like property

« Reply #4 on: February 16, 2022, 10:31:20 AM »

There's nothing to stop the Agent listing the property for a higher amount than you were paying... for a new Tenant, for a new AST.

However, I don't think you would sit back and accept that you would be paying that higher rent for the time period it is not let. You would still be paying the amount specified in your AST (after all, that's what that's for, right?). The question that is not clear, though, is whether the Agency has asked for this... formally... or have you put two-and-two together and got five? Have you assumed that the new listing price is the price they will ask for when it remains unoccupied?

If they have tried that, I'd simply refuse.

If your only concern is the smaller Tenant pool... then I do not think £500 per year would change anyone's mind... or do you imply £500 per month?

Thank you for coming back to me - its an extra £500 per month, which i think will make the tenant pool much smaller than it is now
Global Moderator
Hero Member
Posts: 4451

Abuse Officer

« Reply #5 on: February 16, 2022, 03:37:24 PM »

Quite.
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