Can estate agents charge extra when tenant stays on after lease ends

[lookinforinfo]

My Partner has rents out a small flat

 

 

the previous tenant stopped paying rent for the last three months

and did not vacate the flat until a Court Order was issued.

 

 

The tenant overstayed by over two months from the end of the lease

on top of being well out of pocket on the let, the Estate Agents are asking for another £400 for their fee because the tenant stayed on longer!

 

 

They know the tenant did not pay,

they know about the Court Order so to try and stick on an extra cost

when the tenant was not wanted

 

 

plus the loss of earnings my Partner incurred during the time the tenant stayed on

because a new tenant could not be installed is adding insult to injury.

 

Can that charge be challenged?

[mariner51]

IMO depends on the LL/LL Contract. My MA only charges Management fees on rent collected/acquire .during a rental period

[legalistic]

lookingforinfo, all estate agents must belong to a redress scheme. Also take a look at sections 83 to 88 Consumer Rights Act 2015. Estate agents must publicize their fees upfront.

[lookinforinfo]

Thanks for that Legalistic -I didn't know that there was now an Ombudsman for Estate Agents. My partner had considered legal action on another matter with them but

decided against it as the costs of losing might be high.

[stu007]

Hi

 

Look up the estate agents website (if they have one hopefully they do) have a good read if they have there Terms & conditions on the site.

 

Also check if they have a company number and do a web search i.e. companies house webcheck, on them (also see what reviews they have)

 

This would also depend on the contract signed with the estate agent so we would need more information especially any clauses that may be in that contract to give better advice.

[Steve__M]

What has the agent actually done wrong?

[ericsbrother]

read the terms of the management agreement for starters. If there is a clause that allows it then ditch them when renting out again.

[hightail]

If the money they charge is to manage the letting then surely they have failed to perform their part of the agreement. If the LL collects rent directly and the agents are only asking asking for a renewal fee then that's really cheeky. I don't think they can be entitled to it when there's no renewal of tenancy.

[lookinforinfo]

I agree with your summing up hightail. The Agents found the tenant and they were collecting the rent-nothing else. The tenancy was not renewed and in fact the process to evict the tenant was already ongoing as there was a large amount of rent unpaid.

We have had a sudden unexpected death in the family so digging out the lease has taken a back seat but they are living on borrowed time.

[mariner51]

Ir's not the Lease you need to find but your Contract with LA + Terms of Business you both agreed.