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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 16808
Experience:  Solicitor
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Who would I speak to about tenancy agreements and early

Customer Question

Hello, who would I speak to about tenancy agreements and early termination fees?
JA: Where are you? It matters because laws vary by location.
Customer: I am located in London
JA: What steps have you taken so far?
Customer: I am early terminating my contract and there is no break clause per the contract so I understand there are some fees, however, they have found a replacement for my tenancy so there is no loss of rent. Right now they have sent me the fees I need to pay, and included is a letting fee, a deed of surrender fee, check in of new tenant fee, tenancy agreement for new tenant fee, professional cleaning fee, third party referencing fee, and a check out fee. These equate to £2,289.40. I want to know my rights in terms of them being able to charge a letting fee of £1,115.40 despite it not being included in the agreement, and a professional cleaning fee of £279. No where in the agreement does it say I cannot chose my own professional cleaning service. I have looked into it and it is much cheaper than £279 pounds to clean the apartment.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Yes, my landlord is saying he will not return the deposit unless the conditions of the rent agreement are fulfilled. Since I am signing a deed of surrender, and the apartment will have a new tenant with a tenancy agreement, how do I ensure that my landlord returns my deposit? How do I make sure that he agrees the conditions of the rent are fulfilled?
Submitted: 17 days ago.
Category: Law
Expert:  Jamie-Law replied 17 days ago.

Hello my name is ***** ***** I will help you. I am just reviewing your question. This is an email service so there may be delays when responding.

Expert:  Jamie-Law replied 17 days ago.

What is it you want to know about this today please?

Customer: replied 17 days ago.
I just want to know my rights. In terms of if the letting agency is allowed to pay for all of these fees and such a steep letting fee. Additionally, can I choose my own cleaning service since the tenancy agreement does not state that I have to use their service?
Customer: replied 17 days ago.
Email is easier for me if that is alright.
Expert:  Jamie-Law replied 17 days ago.

On what basis are they saying a letting fee is payable?

Customer: replied 17 days ago.
They are stating it is a fee incurred as part of my early termination since they have to re-let the property however, I do not understand why it would be that steep and believe I had to pay it already when I first moved in.
Expert:  Jamie-Law replied 17 days ago.

I dont think thats payable. Is your deposit protected?

Customer: replied 17 days ago.
my deposit is protected. However, I asked my landlord today if I can get my deposit back since there will be a new tenant and he stated that he will only give it back if "rent conditions of the agreement are fulfilled." Can I send over the email I received.
Customer: replied 17 days ago.
File attached (GTMT555)
Expert:  Jamie-Law replied 17 days ago.

You need to write a letter, set out your losses and request a refund within 30 days or say you will go to Court. This is called a pre-action protocol letter of claim. You should make sure you send this signed delivery and keep a copy. You must give 30 days warning before going to Court.

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 https://www.gov.uk/government/publications/form-n1-claim-form-cpr-part-7 and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value, you would need representation for trial.

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer, by clicking the button at the top of the screen. I am not paid for my time unless you rate.

If you need anything further I am available for a follow up at no extra cost.

Customer: replied 17 days ago.
that would be to claim my deposit, however is there anything I can state to the letting agent for the letting fee?
Customer: replied 17 days ago.
Do I have to pay all those fees or is there anything I can tell the letting agent regarding my rights?
Expert:  Jamie-Law replied 17 days ago.

Nothing about letting fee.

Thats extortion

Does that clarify?

Customer: replied 17 days ago.
File attached (5GLM666)
Customer: replied 17 days ago.
This is all my contract states so granted the rent is fulfilled I legally do not have to pay a letting fee.
Customer: replied 17 days ago.
Also would it be extortion to charge £97 pounds for a deed of surrender? That seems excessive
Expert:  Jamie-Law replied 17 days ago.

Yes I agree. Thats why you need to sue for it back

Does that clarify?

Expert:  Jamie-Law replied 10 days ago.

If this answers your question could I invite you to rate me 3, 4 or 5 stars before you leave today?

I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget as it is an important part of the online process! If you need anything further I am available for a follow up at no extra cost. Thank you.