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Jamie-Law
Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 13288
Experience:  Solicitor
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I have been in a tennacy agreement for 2.3years now. We wish

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I have been in a tennacy agreement for 2.3years now. We wish to give notice to terminate the lease agreement early. The agency who is managing the property have indicated we must pay an exit fee, which is 10% of the outstanding rent, which is there loss of managing fees. Is this legal?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: just emails with agency
JA: Where is the property located?
Customer: Kingston Upon Thames
JA: Anything else you want the lawyer to know before I connect you?
Customer: They have also indicated if we exit and they havent found a new tenant we must keep paying rent, even though we have left

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.

How much term is left ?

Customer: replied 1 month ago.
10 months

Ok. Are they replacing the tenant ?

Customer: replied 1 month ago.
We have indicated we want to leave early. They said we must pay 10% of outstanding rent, to cover their loss of fees for managing the property (£1945). They then said they will look for a new tenant, if they cant find one after we have left, we must still pay the rent for the period of the agreement, as no tenant will be paying the landlord rent

Yes. But are they getting a replacement? I assume they won’t leave it empty for 10 months?

Customer: replied 1 month ago.
they will replace, the landlord lives in Dubai and will replace immediately.

ok. Then you would only be liable for the agency fees for the empty period.

So what they can’t do is double claim. So you are only liable for the empty period. Nothing more.

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 1 month ago.
they want us to pay this before we leave, how will we know if they have a new tenant?

Leave, don’t pay. Then ask for evidence as when someone else moves in. Does that assist.

Customer: replied 1 month ago.
Or should we give notice, with the view to leave as soon as they have found a new tenant. therefore no additional rent or fees would be due. Could we do this?
Customer: replied 1 month ago.
They said, if we leave and dont pay fees they will take us to court and credit will be affected

Yes you can leave, get new tenant.

Only if you get taken to Court, lose and then dont pay within 1 month would credit be an issue.

Does that assist?

Customer: replied 1 month ago.
great, to clarify, as they cant do "double dip" on fees and rent. We could give notice, wait for them to confirm they have a new tenant, leave and dont pay them anything. we should be free of any charges owing, as they have a new tenant paying their management fees and rent. Correct?

Correct

Does that clarify?

Customer: replied 1 month ago.
thanks

Can I assist with anything else today?

Customer: replied 1 month ago.
all good thanks

All the best. If I could invite you to rate me 5 stars before you go today by clicking the button at the top of the screen, so the site credits me for the time spent. I am only paid when you rate. if you need further help please click reply. Thanks in advance.

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