Yes it is
I have been asked to look at this for you. What does 10% + VAT "letting fee" of each month mean?
Is it 10% per month early?
Thank you Law, please see below the exact language.
"This is a fixed term tenancy agreement for the period specified (Please refer to clause 5.7). There is no provision for theTenant/s or the Landlord/s to terminate the agreement before the expiration of the fixed period. In the event that bothparties agree to vary this clause rent will be due up until the end of this agreement or when the Landlord or a new Tenanttakes possession of the said property. In addition the Tenant will reimburse the Landlord the letting commission (10% ofthe rent + vat) from the date of early termination until the date that this contract was originally to expire."
Thank you for looking at my case.
As you have read in the description of my case her above, I have been electrocuted in my shower this morning and the use of one of the bathroom can cause real health and safety issue.
My question is the following:
Could that whole wording I just sent you (about the letting comission) be overruled shall the Landlord notifies me and the letting agency that I need to leave the premises on the 1st of March because the property needs major health and safety refurbishment.
Could that work?
Thank you. That makes sensenow.
I think you are bound to paythe early termination charge.
However, I think you areentitled to compensation in respect of the various problems.?
The difficulty you have isvaluing the worth of the various problems.
My suggestion would be to tellthem that (without prejudice) you accept that you are liable for the earlytermination charge, but you will have been advised that the landlord is liableto pay you compensation in respect of the various problems with the property.
I would tell them that yourcompensation probably would work out more than the early termination charge,however, you are willing to forego your compensation if they forego the earlytermination charge.
I am very concerned about theelectrical shock you had. This should really be reported to the EnvironmentalHealth Department at the local Council because this is a threat to life. Itmight be worth while saying that you have been advised to do just that.
Can I help further?Please bear with me today because I will beonline and off-line.Please don't forget to positively rate my answer service (even if it was notwhat you wanted to hear) and I will follow up any further points you raise forfree.If you don't rate it positively, then the site keep your deposit and I get 0for my time. It is imperative that you give my answer a positive rating. Itdoesn't give me "a pat on the head", "good boy" (like ebay), it is mylivelihood!If in ratings you feel that you expected more or it only helped a little,please ask me for further info before rating me negatively otherwise I don'tget paid at all for my time and answer. The thread remains open.Thank you.
Thank you Law. Would you have an example of letter about how I could word that?
Thank you Law. Would you be able to provide me with an example of letter that I could use?
We are not allowed to draftletters I am afraid.
I would probably have a quietword and then, if they agree, simply confirm what you have agreed.
If they don't agree, both youand they are faced with court
Good morning Law,
Thank you for your recommnendation.
I did pass the message to the Real Estate Agency who came back with the following; "Your litigation is between you and the Landlord, not us. We are afraid that you still have to pay the letting comission".
Could you please let me know what would be the best course of action at this stage?
The letting comission is due to be paid to the Landlord (as per contract). Can the agency be liable for anything that happened (as they are the one who marketted the property to me)?
As I said, I think you areliable for the letting fee, but by the same token, eligible for compensation.
I would wait until thelandlord chased me for the letting fee and then hit him back with acompensation claim.
I wouldn't bother with theagent, they are simply that, the agent
Thank you Law.
One last question. Can my deposit be withheld (by the agency or the landlord) until this is sorted? What should I do shall they decide to go down that road?
About the Landlord, so far, I have only spoken on the phone to the agent (she is at this stage not aware of those talks - as far as i know). Shall I have the same discussion I had with the agent with her or just wait that she asks for the fee?
PS: The agent has sent me an invoice (for the letting comission). The payment is meant to go to the same account to which I pay my rent ("ThamesView estate agent").
Yes, it can be withheld and landlords and agents seem touse any excuse to withhold it whatsoever. Don't hang around, if they do that,simply file a dispute.
I would wait till the landlord asks for the fee.
It seems somewhat surprising that the agent sent you theinvoice. If it is due to the landlord. I bet the agent would decide to takesome money out of it for some spurious fee or other!
Good afternoon Law,
There has been further development on the same case. It is pretty difficul to put it all in writting. Is there a number I can reach you at? It would just take 5minutes.
we are not allowed to have contact outside the site,sorry. It is so that there is a complete and accurate contemporaneous note ofour exchange
Sure, I understand, thanks.
I moved out of the property on the 03/03/2013 and dropped the keys at the flat today (04/03/2013) at lunch time.
The agent called this morning to say that:
1) They found a new tenant moving in 25th of March
2) The landlord needs to do 6 days of work in the house
3) I am due to pay the rent until the 19th (6 days before new tenant moves in). I argued that the landlord agreed since January that I move out on the 3rd of March hence do not understand why I should pay rent until the 19th and was told that there is a difference between moving out and end of paying rent date.
4) I still have to pay the 10% letting fee from the 25/03/2013 to the 05/06/2013
Total cost for me is about £1630 (rent £1200 + letting fee £430), they want to take it of my deposit.
As said before, I went to the property at lunch time and found the builders there. They started the work this morning. They said they agreed this date with the landlord 2 weeks ago. They are aware that I was electrocuted and told me they are changing the upstairds toilet that was leaking. As you understand, the agent lied to me this morning about the starting date of the work (he said on the phone this morning the Landlord would start the work on the 19th).
The contract says that "rent will be due up until the end of this agreement or when the Landlord or a new tenant takes possession of the property".
By lettting the builder the in the property today without telling me and making bith bathrooms unusable ( I have taken pictures at lunch time), is it right to say that the Landlord has "taken possession" of the property, hence I cannot be due to pay rent after my move out date (03/03/2013).
Finally, I have tried to speak to the Landlord and the agent and none recognises that various elements that created health and saftey issues in the apartment. Since I have to pay those 10% fees, I would like to be comissionned for all the hassles of disfunctioning items and the electrocution shock. What is the best way to proceed forward?
Thank you for your help
You have to pay rent until the day you move out unlessyou have agreed something to the contrary.
You are not responsible for the rent if the builders arein there and the landlord seems to want his cake and eat it. He wants rentwhile he is having work done. Yes, I agree with you
The landlord has clearly taken possession of theproperty!
I can understand that you want compensation for all thegrief that you have had over the period and if they refuse to refund yourdeposit, you are faced with issuing proceedings in the Small Claims Court.
The contract says
" No deductions can be made from the Deposit without written consent from both Parties of the Tenancy Agrerement"
" the Agent muslt tell the Tenant within 10 working days of the end of the tenancy if they propose to make any deductions from the deposit".
"Payment of the Deposit or any balance of it will be made within 10 working days of the Landlord and the Tenant agreeing the allocation of the deposit".
Since the Landlord has taken possession of the property today, am i still liable for inventory and cleaning? I did clean the flat this week end but the builders were in and it did not look that clean when I was there at lunch time.
I believe the tenancy agreement is now over, am I right? What procedure would you recommend so I can get my deposit back asap?
The inventory and cleaning should have been done before you moved out. If it wasnt clean, then he can charge you but he cannot send builders in and then charge you.
Yes, the tenancy is over.
The agent is refusing that the landlord took possession of the property yesterday by starting the work there and want to keep the rent until the 19th out of my deposit.
Could you please let me know what is the best way to proceed?
From there different answers ( and the agent hanging up on me earlier), I beleive they are ready to go down this road. Can I ask you, what will be the cost for me to follow this path? How likely am i to recover my funds?
My deposit is due 10 days after end of tenancy agreement.
They are recognising end of tenancy agreement on the 19th of March, hence paying me back my deposit 10 days after that.
How can I enforce this payment before? When should I start to take action to claim back my deposit?
Sorry for all the questions but never been in this situation before and really not sure of where to start.
Court fees are here. http://hmctscourtfinder.justice.gov.uk/courtfinder/forms/ex050-eng.pdf
look on page 2. If you are claiming between £500 of£1000 online, it will cost you 60 quid. If you turn to Page three. You will seethat there is an allocation fee of £40 if the claim is over £1500.
If you issue proceedings and he doesn't pay up,there is a hearing fee which is shown on page 4. They are the only costs whichare at risk. You get those back if you win or lose them if you lose. Even if heuses solicitors, he does not get those costs back.
I think it worth going for from the facts you havegiven me and let a judge decide whether he is in the right or he is in thewrong
Below is my last email to the agent, ccing the landlord, and the rent collector.
In order to start to take the matter to small court, how would recommend to proceed?
Email sent today (afternoon)
I just called your office and spoke to Jacob about the end of my tenancy agreement.
He hang up the phone without giving me full justication on the below.
Michaele said yesterday on the phone that the landlord would start the work on the 19th of March (see below email) and just now admitted that he gave the key to the builder yesterday so they can carry the work. Which one is it exactly?
Also, I am not sure I understand how I can be responsible for a property if your agency or the landlord gives access to third parties without notifying me.
Is there anyone else I can talk to as I still do not understand why I am responsible for the property?
Other email sent on 04/03/2013 (afternoon)
Further to the below email.
I am reluctant to pay any rent for the property at xxxxxxxxxxxxx after the agreed move out date of 3rd March (the Landlord agreed and you were fully aware of this date since January). I do not believe that I am legally responsible for the invoiced amount of £893.26.
The rent invoice initially stated that I will be responsible for the rent up until the 25th March, this has now been amended to 19th March. The reason behind this, as stated in your email and explained by a colleague of yours (Michael) on the phone this morning, is because this date is when the landlord takes possession of the property to start the work that is needed inside.
I went to the property at 12.30pm today as agreed to drop off my keys. You may then understand my surprise to find people in the house and the work to have begun in full force today. This means that therefore instead of taking possession of the property on 19th to start work, the landlord has in fact taken possession of the property on 4th March which fits in perfectly with my move out date of 3rd March.
The contract states that ‘rent will be due up until … the landlord or a new tenant takes possession of the … property’. The above therefore negates my responsibility to pay the invoiced amount.
As the landlord has taken possession of the property and agreed to receive my keys at 12.30pm today I believe that I am no longer liable for the rent or the property under the contract that has been signed.
PS: Attached are few pictures (of both the upstairs and downstairs bathrooms) taken today (04th of March) showing that the building work has already started. According to the builder, the job was agreed with the landlord to start on the 04th of March 2013, about 2 weeks ago.
Email sent on 04/03/2013 (in the morning)
As per our phone call this morning, I will be leaving the 2 set of keys for the property above at around 12:30PM.
The keys will be on the shelves opposite the entrance door.
NB: As indicated before, for safety and security reason, shall you need to do a viewing, please do not switch the light on in the downstairs bathroom.
One of my friend said he had a similar story and had to pay his landlord. Apparently the landlord allowing me to vacate the property does remove my responsability for the property nor to pay rent until the new tenant moves in.
Also, the landlord has the right to carry the work in the property but this does not mean that she took possession of it. He said that I am in breach of the contract (despite the landlord agreeing me to leave earlier) and that it should not occur any loss to the landlord. As a result I have to pay this rent.
Regarding the agent fee, he said it is the first time he sees it and that it could be an unfair fee but that I would have to get a sollicitor to dispute it.
I was wondering, do I still have any chance in small claims court if the law authorizes this?
Agreed BUT the Lnaldord has taken possession. If that werent the case you could move back in. Clearly you cant, can you? It would depend if the landlord could move out immediately and you move back in.
Dont waste money on solicitors, let the judge decide.
I would still take this to court if it were my money, on these facts.