AST fees first tier tribunal/ trading standards etc
Discussion
£2600 for ending the tenancy early. £2k compensation to landlords and the remainder for re letting/ marketing fees. There was a new tenant in within 2 weeks. My understanding of the act is that fees can only cover financial losses. At £1k a month rent I think I’m due back at least 1.5k and the re letting/ marketing fees should be evidenced by invoices.
It is to be expected that the tenant ensures the landlord does not incur any extra costs as a result of the early termination. If the property was empty for two weeks, you would be responsible for the rent during this period. You would also be expected to pay for any remarketing costs.
In reality, it will be hard for the agent to demonstrate exact costs of remarketing and advertising because these things are done in bulk to Rightmove, other property portals and local press etc. As a very rough estimate off the top of my head, this might run to a couple hundred quid. I wouldn't be surprised if they try and inflate this figure a bit. You might be able to make them an offer.
It's been a couple of years since I was in this awful industry, so YMMV.
In reality, it will be hard for the agent to demonstrate exact costs of remarketing and advertising because these things are done in bulk to Rightmove, other property portals and local press etc. As a very rough estimate off the top of my head, this might run to a couple hundred quid. I wouldn't be surprised if they try and inflate this figure a bit. You might be able to make them an offer.
It's been a couple of years since I was in this awful industry, so YMMV.
Presuming the OP’s tenancy agreement is an Assured Shorthold Tenancy Agreement, against a residential rental property. If the landlord/agents agree to end the OP’s tenancy early, and the former finds an alternative new tenants. Due to the Tenants Fees Act the same situation is not straight forward. Since where a tenant/s wishes to end the tenancy early, the landlord/agent can charge the tenant/s terminating their tenancy rent up until the new tenant/s takes occupation, along with referencing and advertising costs associated with finding new tenant/s.
The guidance to the Tenant Fees Act states tenant/s cannot be charged fees in addition to the rent, but that is poorly worded, since the same Act does allow the charging of costs associated with finding a replacement. If one’s landlord/agent charges a fee, then those fees must be reasonable and evidence of those charges must be retained by the landlord/agent.
This landlord, from the contents of your post, considers the fees charged to be totally unreasonable. If a Deposit was taken by the landlord/agent, then the government’s deposit scheme holding the Deposit should be contacted, and/or your local authority council’s private housing office for advice.
In similar Deposit monies disputes, where a tenant is not prepared to negotiate a settlement, my preference is for the small claims court.
The guidance to the Tenant Fees Act states tenant/s cannot be charged fees in addition to the rent, but that is poorly worded, since the same Act does allow the charging of costs associated with finding a replacement. If one’s landlord/agent charges a fee, then those fees must be reasonable and evidence of those charges must be retained by the landlord/agent.
This landlord, from the contents of your post, considers the fees charged to be totally unreasonable. If a Deposit was taken by the landlord/agent, then the government’s deposit scheme holding the Deposit should be contacted, and/or your local authority council’s private housing office for advice.
In similar Deposit monies disputes, where a tenant is not prepared to negotiate a settlement, my preference is for the small claims court.
Agent started responding after getting their directions papers from the tribunal. They continued to mess me about and be evasive for a week. However, eventually they behaved and yesterday I received the full amount back that I calculated. They asked me to call off the tribunal, ombudsman and trading standards which I've done
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