Can an agent force me to pay a re-letting fee if a new tenant was found right away?

[petzel20]

I have unfortunately had to cancel my tenancy agreement 2 months early as I've lost my job and am not a British citizen (therefore I cannot legally stay in the country). I spoke to the letting agency responsible for the property I'm living in in hopes that if I was as accommodating as possible in finding a new tenant that I would be allowed out of my contract. The agent was able to find a new tenant immediately without even advertising the flat and asked ME to do the showing, which I willingly did. The couple who viewed the flat loved it and subsequently applied for it, I've agreed to move out a week earlier than I planned just to make everyone happy. Now the agency says that I owe them 300 pounds as a "re-letting fee". Now I certainly agree that they would be within their rights to charge me a fee, but 50% of my rent seems unreasonable considering they didn't actually do ANY work to re let the flat. Now my contract doesn't state ANYTHING about a re-letting fee, in fact it only states what they can withhold from my deposit; the standard things like damage, rent arrears, and it says "The reasonable costs incurred in compensating the Landlord for, or for rectifying or remedying any major breach by the Tenant of the Tenant's obligations under the tenancy agreement, including those relating to the cleaning of the Property, its fixtures and fittings." So, my breach meant that the landlord could have gone without a tenant, but this is not the case as the new tenant will pick up paying rent from where I finish off, the problem is the agency wants 300 pounds for the very very small effort they made to get the new tenant. Now the problem is that they either want to charge me or the landlord (the landlord obviously doesn't want to pay this fee either) but if I don't pay it I think he will be stuck with it and therefore could have reason to take it out of my deposit.

I have tried to reason with the agency, explaining the fact that I've lost my job and I cannot afford this arbitrary amount of 300 pounds. I even offered to pay them half of that if they could just be reasonable and take into account how easy it was to find a new tenant!

So, in summary, do I have to pay this re-letting fee even though the specific amount of 300 pounds was never in my contract, I don't feel that it's "reasonable" given my circumstances and the amount of work that was required to find a new tenant. AND, if I choose not to pay can they legally take it from my deposit if they turn around and try to charge the landlord for it?

 

Thanks for your help

[Ell-enn]

If it's not mentioned in your contract then I would imagine they would have difficulty in enforcing payment by deducting it from your deposit (which should be in a deposit scheme). You could also ask them for a breakdown of this £300 so you can see what they are charging for.

[Steve__M]

Technically, you are breaching your obligations, so LL/agent could make you liable for their costs whether or not they are listed in the tenancy agreement.

 

When a LL asks an agent to find a tenant, LL pays the same amount whether the first viewer takes the property or whether there are 100 viewings. So charging a fixed amount is not "unreasonable".

 

I suggest you argue that if, say, it were a 6 month contract, and you left after 4 months, you should only pay 2/6 of the normal reletting fee as the LL would have had to pay the full fee two months later anyway.

[pcoventry]

I've got a different one.

 

I am looking at a flat and the agent wants to charge me £234 to do a credit check and reference check. I then have to pay a months rent and a months bond. And this £234 is not part of it!.

 

WHY should I pay when A. I am unemployed. B I have moved 200 miles so my old employer is all they will get and C. I have offered them 6 months rent and the bond upfront as I have that saved. And they won't play ball!

 

It's a crummy flat! no one is falling over themselves to view it. Could this be why!?

[xoAmyox]

It does seem very unreasonable, I assume from your name that you live in Coventry, so as I live here too I'd be grateful if you'd PM the name of the agency so I know to avoid them in future. I did also work for one based in the area for a short while, and may be able to offer a bit more informal advice if you'd like it.

 

Most reputable agents will want a credit check, but those that are genuinely reputable won't charge an absolute fortune for it, and will be reasonable when tenants like yourself propose to pay rent up front as well as a deposit. I'm sure you know that your property choices are restricted by your being unemployed, but I have found a few private landlords in the area that are more amenable, and may be able to help a little.

 

Also, charging so much for credit checks makes me wonder what else they might try and charge you for later down the line, 'tenancy renewals' that you don't need etc.

[pcoventry]

HI Amy,

 

No that's my surname. I live in Bristol.

 

Well I will go and see them tommorow and see what they say. I will ask them all this to make sure they are not going to charge me another £234 when I leave!

[denisek]

sound like complete [problematic]. its not your job to pay "re-letting" fees. if youve given sufficiant notice then its not your problem what they do with the flat when you leave. i would seriously advise you to find out where your local money advisory surgery is and go speak to an advisor. they will take it over on your behalf and can do things you wouldnt think of! i used mine and they were fantastic and sorted my problem in no time.

you should think about going for a private landlord next time, ive used agencies before and they were utterly useless but my landlord now is fantastic.

 

who is this agency btw? just so we know who to avoid!

 

good luck with it and keep us posted!

[pcoventry]

Not going to name them. What they are doing seems to be perfectly legal if not a bit unfair. WHY would they want to credit check me anyway as I have 6 months rent and it's a 6 months STA!?

 

Oddly enough my dad IS a private landlord and he is coming along with me too. I will let you know.

[denisek]

legal to charge a re-letting fee? hmm maybe the laws are a little differant in england. the letting agent might have it in the contract with the landlord that theyll credit check all tenants prior to lease signing, in which case theyll have to, regardless of your funds. the fee seems extortionate though, no way does it cost that much for a credit check. if you think you wont pass the credit check and still want to rent with them, they might accept a garuenter(sorry,not sure how to spell that!), somebody who assumes financial responsibility should you default on rent.

[pcoventry]

No idea what it is. But the tennant was already there and moving out. And there was a decorator in there too so it was mayhem! But I want to take it and Have paid the fee. Just waiting for the landlord to decide.

[pcoventry]

Well I paid the fee. Had the checks done. Paid the first 6 months rent and I am in there.

 

Job done.