Ask an Property Solicitor. Get an Answer ASAP.
My client signed our terms and conditions instructing us to let his flat, which we did to applicants who were refurbishing their own place. They didnt know how long this would take, so they got a 12 month tenancy with a 6 month break.
Our terms state: "The agent shall give no refund to the Landlord in the event that either the landlord or the tenant terminates the term of the tenancy agreement for any reason, however if the tenant terminates in accordance with the contract, we will a allow a pro-rata refund against the commission charged on finding a subsequent tenant"
The Landlord let it through the another agent and wants a commission refund.
We did find a subsequent tenant but as they had a pet, Landlord wished for a Landlord only break clause but the applicant wanted a mutual break clause. Even though we reminded him of should he market the property via another agent we wouldn't return any commission, he accepted a tenant via another agent. As a gesture of good will, I did offer him a six month open commission credit on any further let we do for him in the future, as to keep a good relationship open.
This he has declined.