claiming back agency fees

[js12111]

Hi There,
great site lots of info.
Has anyone any experiance of claiming back the letting agency fee (10% of monthly rental x contract period) on a 1 year AST. The tennant abandoned the property after 3 months?

[Paul_f]

As you've given very little information on which to base an answer it's a bit like guesswork!

Using my clairvoyant's hat - what you're trying to say is that you had a "let only" agreement with the agent, whereby their fee was 10% of the annual rental for introducing the tenant and drawing up a tenancy?

Why do you think the agent is responsible for returning your fee if the tenant has abandoned the property. Are they expected to tie him to the bed?!

What you could do is demand the agent show you the references taken out on the tenant in that they excercised a "duty of care" to ensure they were a "bona-fide" person, with good character, employer and credit reference. If the references were unsatisfactory or in a lot of cases, non-existent, you might put that to the agent in trying to reclaim your fee. You could of course take action through the small claims court if you can prove tortuous liability by the agent (i.e. negligence) if they are red-faced when confronted and don't want to play ball.

[js12111]

The ageny fees as charged are based on the length of the tenancy and are calculated on that basis. If the agency took their fees each month (as with a fully managed property) they would have only recieved three months worth of fees. My point is that I have been overcharged by nine months, and am looking to recover those fees.

[MrShed]

Indeed they are based upon the length of the tenancy, and the tenancy was a year. Just because the tenant has moved out, does not change this. I'm sorry but you are on a road to nowhere with this. Unless they have been negligent with reference and credit checking, but other than this you are entitled to zippo.

[js12111]

Thank you for your response. It may well be that I change tack....yes the tenant was a complete nightmare (crack addict and pimp) for some reason these go hand in hand.

Its a pity because I thought it would be better persued as overcharging. Looks better to go at the un-worthiness of the tenant.

[dazalock]

Whilst the previous posters are well informed and legally correct, it might be worth your while approaching the agents and ask them to put a tenant in place FOC. I had a similar situation with my first ever tenant who left after 2 months, they were more than happy to retain my custom and replace the tenant.

[mjpl]

As an agent we will normally allow a pro-rata reduction on a subsequent tenant as it would be unfair to charge for the same period twice. It may be worth coming to some arrangement.

[slick]

Try to speak to the agent, and get them to re-let your property with some sort of discount. Most agents, like mjpl will do this, or similar.