How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Remus2004 Your Own Question

Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69259
Experience:  Over 5 years in practice.
Type Your Property Law Question Here...
Remus2004 is online now

Hello, We recently signed a 6 month shorthold tenancy agreement.

Customer Question


We recently signed a 6 month shorthold tenancy agreement. When viewing the property initially, we specifically stated and agreed with the agents that the property required professional cleaning before moving in.

However, when we moved in the house was filthy. We spent a long time cleaning the property and wrote to the agent with a comprehensive list of the filth found throughout the property and included photographs. We went on to explain that this was not acceptable and therefore we wished to exit the tenancy early.

The agents passed this information to the landlord who contacted us directly.

The landlord presented two options. 1) Leave almost immediately and pay the costs associated with finding another tenant or 2) leave in one month but pay for a further three months.

I offered to leave in one month and pay for a further two months. The landlord rejected this an came up with a third proposal - 3) agree to them remarketing the property and vacating when the new tenant moved in. We accepted this proposal but when doing so stated that it was on the understanding that whilst we would be liable for the rent up until the point at which the new tenant moved in, there would be no further costs associated with ending the tenancy early.

We got no response from the landlord but the next day the property was back online being marketed and within 24 hours I had a call from the agent looking to arrange a viewing for a prospective tenant. One week later I see online that the house has been let. I called the agent and agreed a moving out date.

Since reletting the property, my landlord is now trying to recover the agency costs for finding another tenant - in the region of £500.

To add to the complexity, when the landlord asked for this I rejected it and he then suggested that we could make a contribution. I chose to ignore for a few days to seek advice. Then, three days later I receive a letter from another gentleman stating that he is the new owner / landlord and that he intends to deduct the £500 from our deposit. To give the complete story; a little investigation has revealed that the new owner / landlord is in fact the brother of the original landlord - very strange.

So, two questions really...
1) Am I liable for the costs incurred by the landlord for finding a new tenant?
2) If so, is he able to deduct it from my deposit? (the deposit is held in a tenancy deposit scheme).
3) If I have a case for not paying the £500, how would you recommend I go about defending my position?

Thank You
Submitted: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 years ago.
Thank you for your question. My name is Jo and I will try to help with this.

On your specific points above

1] You are liable up until a replacement is found. He will have to prove to a court that he has made reasonable efforts to find a tenant. In terms of the advertising costs, that is arguable because he would have incurred those costs anyway when you left at the end of the agreement. These agency fees seem rather high anyway.

2] He can make deductions from your deposit on proper grounds. You can complain to the scheme or sue at the small claims court if the deductions are not proper.

3] I'm not sure what you mean by this? Personally I would contest it on the basis that even if you had stayed the full term, he would have incurred agency fees at some point . It could go either way but its worth a run given the amount involved. You can either complain to the scheme or sue at the small claims court.

Can I clarify anything for you?


What Customers are Saying:

  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther

Meet The Experts:

  • Remus2004



    Satisfied Customers:

    Over 5 years in practice.
< Last | Next >
  • Remus2004's Avatar



    Satisfied Customers:

    Over 5 years in practice.
  • Thomas's Avatar



    Satisfied Customers:

    UK solicitor holding an England and Wales practising Certificate.
  • Kasare's Avatar



    Satisfied Customers:

    Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
  • Joshua's Avatar



    Satisfied Customers:

    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • Lawyer/2013-10-8_19517_JAPROFILEPICTURE.64x64.jpg Aston Lawyer's Avatar

    Aston Lawyer


    Satisfied Customers:

    LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
  • chatham-chamber's Avatar



    Satisfied Customers:

    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • Clare's Avatar



    Satisfied Customers:

    I have been a solicitor in High Street Practise since 1985 with a wide general experience.