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can i landlord tell a tenent that he needs to pay the agency fees to relet the property?
18-05-2011, 15:01 PM
T has only one contract- with L.
So L's Agent (A) can never make T liable to pay anything to A.
However, L can specify that T is liable to reimburse L for A's costs (esp. if these arise because T asked L to release him/her early from the Letting Agreement). Is that so here?
notice to leave the property was given early, the agency said the deposit will be returned if there is no damage and providing a new tenent moves in when i vacate, if they move in later the they will take some money from the deopsit and refund the difference.
the landlord however decided to market with different angencies and now said that a new tenent paid deposit and can move in but the current tenent will be liable for the landlord agency fees because its a different agency and the landlord is not willing to pay it
18-05-2011, 15:15 PM
That's a bit hard to follow! Do you mean that you agreed early-release terms with A1 only for L to change to A2?
the ll is still with A1 but decided to get another agency on it A2. Now A2 got someone to put a deposit down but the Landlord said I have to decide
New tenents from A2 can move in BUT i have to pay the landlord fees to the agency so I will get less than half of the deposit back.
I can wait for A1 to find suitable tenents and then get the deposit back, providing that they find someone in time, if not i will be liable for the extra 2 months rent and only after that will i get the deposit. This was not agreed when i gave notice though (to pay ll fees)
18-05-2011, 15:31 PM
Sorry; you've lost me! Please explain again.
19-05-2011, 00:18 AM
If you asked your landlord to release you early from your AST then he is entitled to charge the additional costs of finding a new tenant to pay rent for the remainder of your fixed term. If you left on the last day of the fixed period of your AST or paid rent up to the end of the fixed period, leaving early or gave a months notice if you remained after the fixed period expired, then the landlord cannot charge you anything except for damage to the property which occurred during your tenancy.
Early notice was given which they agreed to providing that they find someone else to move in, but now they want to force me to pay her new agency fees or they threaten legal action i am paying 800pcm. the new agency fees are 2 weeks plus vat apparently which she said is 400 plus vat but i pay 184.61 pw which works out to 800 pcm AND THEY DECIDED TO GET OTHER AGENCIES, if you intend to charge your current tenent the agency fees this should have been agreed in writing shouldn't it? And everything i paid was with the other agency they paid the landlord every month after i paid them.
the landlord sent this:
"I'm making my best efforts to find someone to rent *****.
I am contacting you directly because I've had problems contacting the agency.
Therefore, please can I have your mobile number as I am appointing another letting agent to try and rent the property.
Give them access of the property for viewings.
I need your permission to give the letting agents your contact details to set up viewings.
if they intended me to pay the fees they should have mentioned it.
19-05-2011, 10:47 AM
The AST you signed committed you to pay rent up until the end of the fixed term. You have decided that you can, for whatever reason, no longer do this. The landlord has agreed to release you from your contract early provided you compensate him for his loss of rent by paying his costs to find another tenant. If the fees that he is proposing are more than the rent you would have otherwise been obliged to pay, then pay the rent instead. If you consider that his charges are unreasonable, despite being below the rent that you would have otherwise had to pay then only a court can decide.
Why is it that tenants seem to think that despite signing a legal contract it is O.K. for them to get out of it, yet if a landlord finds a new tenant who is prepared to pay a much higher rent for a specific property then he cannot evict the current tenant by force and install the new higher payer?
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