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Ask wingrovebuyer Your Own Question
wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience:  Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
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Hi, I am renting a 1 bed flat via an estate agents. Due to

Customer Question

I am renting a 1 bed flat via an estate agents. Due to a change of circumstance, I requested to be let out of the contract early (there was no break clause), which the agency said the landlord agreed to, however I would be liable to cover any financial loss to the landlord as a result of terminating early. The agency have said that this financial loss is equivalent to the management fee they charged the landlord (pro rated for the months of the contract left). They have confirmed that they are not charging the landlord the management fee twice (for myself, and then for the new tenant to replace me). Does this then still qualify as a "loss" to the landlord, and should I agree to cover this?
Submitted: 4 years ago.
Category: Property Law
Expert:  wingrovebuyer replied 4 years ago.

wingrovebuyer : Hello. Are they saying they charged a fee to the landlord in advance? This would be unusual.
Customer : They have not co
Customer : They have not confirmed
Customer : They have not confirmed whether it was charged in advance or not. They have just given me a figure in an email, I've not seen any invoice or other documentation as proof either.
wingrovebuyer : Ok, thanks. I think you should reply, saying that whilst you accept the need to cover the landlord's losses, you need a detailed breakdown of how the figure they have proposed is calculated. If they have charged the landlord an annual fee in advance, then it may be fair for you to cover part of that, but only once it is known how long the flat was empty (ie you won't be liable to pay anything once a new tenant is found). If they haven't charged anything, I don't see why you should pay anything. I also don't think you should pay for any new tenant find etc, because that would have been a cost to the landlord at some point anyway.
wingrovebuyer : Hello? Do you need more help? If not, please leave a rating or JA won't pay m for helping you.