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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi there, I am in a dispute with the Agency who managed the

Customer Question

Hi there, I am in a dispute with the Agency who managed the house I was renting.
In summary: we have terminated a 2 year contract 6 months earlier, but I gave 6 months notice and also allowed for new tenants views to take place. Now they have new tenants taking over and have started a new contract with them ending my contract. There was a gap of 2 days between us moving out and them moving in. Without any notice of this new contract taking place and the dates, they want to charge me for 2 days rental for the period the property was left empty and also want to charge for Compensation for terminating the contract earlier. Although, I have asked inumerous times who is this compensation going to and in what basis they decide to charge me that fee of over £1,000 seeing that new tenants are now living there and we have honoured every other aspect of the contract. (these are deductions from my deposit they wish to make). Here's a short email to show where we are with this, as they don't seem to be able to provide concrete information to all these charges. I beleive they are acting illegally and taking advantage of me.
My reasoning is simple: A New tenant took over the contract and is now paying all the fees I would otherwise be paying for myself. (as part of my rent to their monthly management fees as they claimed). Also, the new tenants have paid a new Checkin Fee themselves, like any new contract. And also I believe they should have legally warned me about new contract starting dates and that those fees for the period of non-tenancy (2 days) would be applied to me. This, they have failed to do and I don't agree with them.

The email tothem this morning:
Thanks Amber,

I agree for the deductions to the landlord to be done from my deposit.

However, I do not agree to "your" additional charges: (These seem to be Martin Flashman's charges)

A. Can you please explain why am I responsible for a new Tenant Checkin fee if the tenant pays that themselves?

New Check-In - £85

B. 2 Days additional rent - £85.48

I do not agree to have to pay for this charge. Your company has no grounds to claim such expense from me and we honoured our side of the contract when your company dishounored us (the tenants). You should have warned us that this fee would be imposed and given us plenty notice of it. There is no reason for such charge to be imposed to us when your company is already charging all the right fees for doing whatever you're doing and this compensation for 2 days rent is not part of it.

Compensation for early release - £1014

being paid to? I do not agree with those charges and want an Invoice since it's your decision to keep hold of that amount.

So far, I have not been given full details of this "Compensation" and since it's my money in this respect, I demand a full explanation...

1. Where in the contract this is listed to warn me that such deductions would/will take place?

2. How is this being calculated?

3. Proof the new Tenant is not paying this new fee (therefore proof that the fee is not being double paid).

4. A copy of the invoice for this charge to be posted to my new home address.

5. Under which Government Law are you able to make such deductions from my deposit (Which law gives you the right)

6. Who is this compensation being paid to? (Who am I paying here)

7. What predujice/expenses are being covered by such compensation

Please discuss this with your managers and find a solution because I do not find you are acting legally here and therefore I will seek further information on this matter.

Many thanks,

Submitted: 4 years ago.
Category: Law
Expert:  Ash replied 4 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return.
Alex Watts : Have they given a breakdown or justification of the fees please?