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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have just finished a rent contract that was supposed

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Hello, I have just finished a rent contract that was supposed to have a break clause. Although the break clause was requested, the contract didn't include it and I have signed the contract without noticing it. Now the landlord want to charge me with his commissions fro the estate agency due to my early end of tenancy. I'm still claiming I have requested the break clause. Is there anything that could be done to avoid the payment of the comissions?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
How was the break clause negotiated please?
Customer: replied 1 year ago.
Hi, the break clause was negotiated directly with the landlord. The terms were agreed by email between both parts and is documented.When asked why the clause was not included by the state agent, the landlord says he can't remember who he talked for the renewal. The state agent simply replied saying the contract was signed and do not provide details of why the clause was not checked/included.
Additionally, the original agreement was for a 24 months renewal with 12 months break clause and the landlord decide to split into two separate 1 year contracts to avoid impacting his cash flow (I have emails from landlord document his decision), which has consequently resulted in me paying renewal fees twice to state agent. I tried to argue that the original agreement was not followed and I should not pay the second fee, but both decided not act by passing the responsibility to each other.
Expert:  Ash replied 1 year ago.
Thank you, ***** ***** landlord agreed it then this is a term of the contract, even if not included.
As such this means you are not Liable for the commissions. Send the agent proof of the email to show the landlord agreed. Therefore they can't hold you to it if the landlord agreed. This becomes a term of the contract.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
I already did and they recommended me to open a dispute with My Deposit Scheme, but still are going to deduct the fees from my deposit
Customer: replied 1 year ago.
So, I imagine it's more likely then that My Deposit Scheme will reimburse me the fees, considering they have the same interpretation. Is that correct?
Customer: replied 1 year ago.
Last comment: the state agent not only did not include the break clause but have also added "no break clause" to the contract. Does this change the situation?
Expert:  Ash replied 1 year ago.
They can't just deduct fees from the deposit. It is up the scheme provider and even if they are allowed you can issue proceedings as a small claim for those fees back from the landlord.
Does that help?
Alex
Customer: replied 1 year ago.
Dear Alex, thanks for your help.Based on what discussed I'm inclined to open a dispute with My Deposit Scheme. Before that, and so I'm able to rate your help and close our session, I'm sharing with you below the exact message where I agree the term of the renewal. Would you please give me an orientation whether that's enough support to raise my dispute?Thanks"From: Tenant
Sent: Wednesday, March 12, 2014 3:03 PM
To: Landlord
Subject: RE: Tenancy renewal Number Street
Thanks.
From: Landlord
To: Tenant
Subject: Re: Tenancy renewal Number Street
Date: Wed, 12 Mar 2014 14:42:46 +0000Dear Tenant
I have talked to the renewals department, and they will send out a contract in the next few days,I haven't seen the detail of how they plan to deal with the 24 Months, but I think they will make it a 12 Month contract with an option to renew for a further 12 Months.
Kind regards
Landlord
From: Tenant
Sent: Tuesday, March 11, 2014 9:56 PM
To: Landlord
Subject: RE: Tenancy renewal Number Street
Thanks Landlord,
I appreciate your flexibility coming to a mutual benefit. As I mentioned before, we're happy to continue at your property and we'll continue to look after it.
I agree to work as you indicate, 24 months contract with one year break clause to easy the commission you're charged by Foxtons. The current contract ends in May, so the new contract should be in place until end of May 2016.
We'll be out from the 26th of June to the 17 of July, both dates included (approx 3 weeks). I'll make sure I leave the bedroom and bathroom empty before I go on holiday, so the builders will have nothing to delay their work.
Let me know if you need any information for the contract.
Thanks once again,
Best regards, Tenant"Note: the email section is between quotation marks "". I've altered emails replacing my name and email by Tenant and landlord's name and email by Landlord. Also where in the title you read number and street, it was before displayed flat number and street. Everything else remain unchanged.
Expert:  Ash replied 1 year ago.
Indeed. I think you have valid grounds for dispute.
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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Customer: replied 1 year ago.
Thanks

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