Thank you for your question and welcome. My name is ***** ***** I will assist you. Was the clause highlighted to you before the agreement was signed? Does the clause actually say it is payment for the agents commission? Kind regards AJ
Hi Thank you. Potentially this could be construed as a penalty and may be unenforceable. The issue is you signed a fixed term contract. Therefore the landlord could say by breaking the contract you are in breach and liable for his direct losses - the agents commission is potentially a direct loss. To what extent did they highlight this clause before you signed it? Kind regards AJ
Hi, Thank you. I see your contract is directly with the agent not the landlord? Is there any option to find another tenant at the rent proposed?
Hi, Thank you. If you find another tenant then the agent will be getting double commission this would make the clause a purely penalty for terminating the contract. Penalties are unenforceable under English law. I write to the agent and explain that you should not have to pay the fee if a new tenant is found as this would make it a penalty for terminating the contract which you believe is unenforceable. If you refused to pay it, they would have to try and sue you - if they did this I would be inclined to report them to trading standards or their regulator for trying to impose unfair contract terms.
Hi thank you. Please do not hesitate to contact me with any further information on this thread. In the mean time I would be most grateful if you would rate my answer? Kind regards AJ
Hi, Thank you. The landlord can refuse to let you sublet the property if no such right exists in the lease, you would need the landlords consent. If they have said £4000 is for work done, have they said what work has been done? If they re let the property they will get two lots of commission making the charge to you just a penalty.