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propertylawyer
propertylawyer, Solicitor
Category: Law
Satisfied Customers: 233
Experience:  Property Solicitor with expertise in commercial and residential property transactions.
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We specifically advised when we were looking rental property

Customer Question

We specifically advised when we were looking for a rental property that we wanted and needed long term. we were told the lettings agent has contacted the landlords and they did not have a problem with long term, we need to have a 6 months contract which they would then look at a longer term or on a rolling tenancy.
4 months in, the landlords have served notice stating they want to sell the property, we have been told we are responsible for the Exit Fee, I have complained as we specifically advised we wanted long term ( we believe the landlords always wanted to sell ) and as we are now being FORCED to leave, we should not be charged an exit fee. I totally understand if it was our choice to leave, but not when we are being forced to leave.
can you advise
Submitted: 5 months ago.
Category: Law
Expert:  propertylawyer replied 5 months ago.

Hi Jennifer

Thanks for your question.

My name is ***** ***** I will try to help you.

Do you have a pdf copy you can attach so that I xan read it to advise you further?

If not, can you please provide me with further details.

How long was the agreed term?

Did the tenancy contain a break clause?

Is the exit fee set out in the tenancy agreement?

What was the terms of the exit fee?

If you can provide a copy of the tenancy agreement or further details I will be able assist you further.

Kind regards

Paul

Customer: replied 5 months ago.
The agreed initial term was 6 months assured short term tenancythe last file is the checkout part on the tennancy agreementI read through the tenancy agreement i cannot see anything that states break clause
I have uploaded as much as i can find that may have the information you have asked for
Expert:  propertylawyer replied 5 months ago.

Hi Jennifer

Thanks for your reply.

I can only see one page, did the attachment have further pages?

As you entered into a 6 month tenancy your landlord has served notice at the appropriate time. The fact you expressed a desire for a longer term has no bearing. The contract does not provide for it, unfortunately.

I could not see the exit fee clause in the attachment. can you send an a copy of the page with the exit fee clause. I can then comment on that issue.

Kind regards

Paul

Customer: replied 5 months ago.
Hi ***** Fee they say is for the Inventory it is on image 20
my argument remains the same, I did not choose to move I was forced to move and therefor do not agree that I am responsible for this payment.
Expert:  propertylawyer replied 5 months ago.

Hi Jennifer

Only img012 was attached so I cannot see the clause you refer to. Please attach image 20 so that I can advise.

Customer: replied 5 months ago.
i will re attach the files
Customer: replied 5 months ago.
2 more
Customer: replied 5 months ago.
2 more additional
Customer: replied 5 months ago.
last ones
Expert:  propertylawyer replied 5 months ago.

Hi Jennifer

Many thanks for taking the time to upload the documents.

Regardless of who serves notice to terminate the tenancy it is, unfortunately, the tenant who must cover the cost (£120 Inc vat) in respect of the inventory - see clause 3.101 on image 20.

I can appreciate your view that you consider this unreasonable in the circumstances but it is a term of the contract. The purpose is to carry out an inventory to check again the inventory taken at the start of the tenancy to establish if there is any deterioration / dilapidations.

There is no legal argument to avoid paying this fee, sadly.

I hope I have been of assistance. Do let me know if you have any queries in respect of my answer to your question.

Please can I ask you to accept / positive rate my assistance so that I receive credit for helping you.

Kind regards

Paul

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