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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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Hello, We have a long term (2 years) tenancy agreement

Customer Question

Hello,

We have a long term (2 years) tenancy agreement until march 2016. We had to break the contract as my spouse lost his job and was offered a new job abroad.

We need to leave in 2 weeks time and gave notice to the agency. We understand that we are liable to pay the rent until they find the new tenants , however, the agency wants us to pay letting fees refunds until 16 August 2015 when the "breakage clause" takes effect even once the new tenants move in.

What can we do>

Many thanks.
Nadine
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, thank you for your question. My name is XXXXX XXXXX I can assist you with your question.

tdlawyer :

What do you mean by "letting fees refunds"?

tdlawyer :

What is it you're being asked to pay even when the new tenant moves in?

Customer:

hi, thank you for your help

Customer:

please see below the answer from the agent:

tdlawyer :

That's okay.

Customer:

Hi Nadine,


 


Thank you for your response.


 


Marsh and Parsons take our fees in line with the tenancy agreement so we would not refund any fees if the tenant were to break the agreement early. The landlord would need to pay us a new letting fee if we were to obtain a new tenant for the flat so they would therefore expect the fees paid for your tenancy to be refunded accordingly.


 


Our accounts team would need to know if/when a new tenant is due to move in before confirming the amount of fees. At this moment in time, you are due to pay rental up until the 27th of August 2015 so until we have a confirmed new tenant, they cannot work out how much letting fee would be expected to pay. For example, if a new tenant moves in on the 2nd of July 2014, you would be liable for rental up until the 1st of July and then the letting fee refund from the 2nd of July 2014 until 27th of August 2015.



 


Many thanks,


 


Will


 


Customer:

this does not make any sense to me

tdlawyer :

Oh I see.

tdlawyer :

Okay, so they're basically saying you're liable until there is a new tenant. That's likely to be correct.

tdlawyer :

This is how it usually works to be fair.

Customer:

yes, that is correct but in addition there are some other fees

tdlawyer :

Yes, it seems to be a "new tenant finder" fee. Do you agree?

Customer:

ok maybe i misunderstand, sorry

Customer:

im not sure as they mentioned that we don't pay for the remarking of the flat

Customer:

sorry: i meant for re marketing

tdlawyer :

That's the only "fee" I can think of in reality

Customer:

logically yes. but the following : you would be liable for rental up until the 1st of July and then the letting fee refund from the 2nd of July 2014 until 27th of August 2015.

Customer:

the letting fee refund seems to function even if there are new tenants?

Customer:

it seems that even if the new tenants move in on 2nd of july we will have to pay the fees until august 2015

tdlawyer :

I think the "letting fee refund" either means (a) they're working on the basis you're liable for the full letting del up to Aug 2015 (and hence, you would get the 'letting fee refund' for that period after you get a tenant, or (b) you're liable for a letting fee when you took out the tenancy, and you get a refund when new ones are found for part of that fee, as they will make somebody else pay part of that fee. I think the former is likely to be the correct reading of this.

tdlawyer :

Just clarify it with them in the morning.

tdlawyer :

From a legal perspective, this is all I would expect them to seek from you - the rent for the unoccupied period from which they don't get money/rent from another tenant.

Customer:

OK thank you its really helpful. I will make sure this is the case because it would be illegal to make us pay any kind of fees once the new tenants occupy the flat.

tdlawyer :

I don't think that's what they're trying to do.

tdlawyer :

As you say, it would be very hard for them to do this.

tdlawyer :

Are you happy with the service this evening please?

Customer:

yes thank you very much.

Customer:

I would rate accordingly.

tdlawyer :

You're welcome, anytime. Thank you and if you need anything more, just let me know.

Customer:

Thank you. Have a good evening.

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