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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Thank you advice on the charges to end the

Customer Question

Thank you for the advice on the charges to end the lease.
Would you please review the email from the real estate and advise how we challenge them."Following your recent correspondence, please could you confirm whether you will be vacating The Oakes on the 22nd of March (as per the outlined costs below), or will be staying at the property for the remaining Term of the Tenancy?
Deed of Surrender: £100.00 + VAT (the document which will formally end your responsibility for the property)
Inventory check-out cost: £90.00 + VAT (the Landlord paid to check you in, and so you will pay to check yourself out)
A new Tenancy Agreement: £160.00 + VAT (to enable the Landlord to enter into a binding contract with another tenant)
A new inventory check-in: £360.00 + VAT (to enable the Landlord to check the replacement tenant in)
Tenancy Deposit Scheme fee: £25.00 + VAT (the Landlord paid this to protect your deposit in line with current legislation, and so needs to be reimbursed)
Commission paid to Hamptons: £423.00 + VAT per month (months run from 22nd – 21st, and this cost will be payable for each month [or part thereof] between 22nd March and 20th December 2016 that you vacate early because the Landlord cannot claim this back from Hamptons. The maximum you would need to pay, therefore, is £423.00 + VAT x 9 months = £3807.00 + VAT.)
Total cost should you leave in March = £4542.00 +VAT"They are expecting to charge another full commission !!! and the Landlord has already waived the additional months lease whilst repairs are done prior to a new tenant.
Thanks
Leanne
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello and thanks for requesting me.Does your agreement set out what fees you might be liable for?Alex
Ash and 3 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Please see the agreement attached
They agree that it is double commission however insist that they are entitled to charge, in fact they are saying if we do not pay then they will not issue a separation cert and we will be liable for ongoing rent even though they have re-let the property already
If you require the full lease that is available and also happy to have a live discussion when appropriate
thanks Leanne and Brendan
Expert:  Ash replied 1 year ago.
It only says that you are responsible for lost commission up to date of new tenant. If you get another tenant you agree to pay £420. That is it. They can NOT profit from this,So they cant charge you and another tenant commission.Deed of Surrender: £100.00 - nothing in the tenancy that says this is payable.Inventory check-out cost: £90.00 - this would have needed to be done anyway, even if you didnt leave early. Not responsibleA new Tenancy Agreement: £160.00 - same as above, would have been needed anywayA new inventory check-in: £360.00 - as aboveTenancy Deposit Scheme fee: £25.00 - as aboveCommission paid to Hamptons: £423.00 - only for period where NO TENANT was foundDoes that help?Alex
Customer: replied 1 year ago.
Thank you Alex,
Hamptons are saying that they have charged the Landlord commission for us up until Dec and they will not refund the LANDLORD and have now charged the landlord a second commission for the new tenants.
They freely admit to having a double commission for the overlap months but claim we need to pay for the Landlords loss!!!
I will discuss with you how to address them when you have a chance to call.
Thanks Leanne and Brendan
Expert:  Ash replied 1 year ago.
They can't claim twice! They cant profit from it!Do you have a number?Alex
Customer: replied 1 year ago.
***********
Expert:  Ash replied 1 year ago.
Calling shortly.Alex

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