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Incontro

Lettings Agent Wants to Charge Extra Rent - what are my rights?

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Hi all,

 

My landlord agreed to break my tenancy early, at roughly the 6 month mark into a 12 month tenancy (which had no break clause to begin with). So it was completely in their power to decide on end dates for the tenancy. I also agreed to pay any re-letting fees.

 

I have finally received the following communication from the lettings agent today.

 

Further to our recent communications, I write to confirm that a new tenancy has been agreed. Subject to satisfactory referencing you will be released from your fixed term contract with the provisional date of release being 14/4/16, until this time you will remain legally responsible for the property, the rent and all utility bills. You will need to have vacated and returned keys prior to the 7th April to ensure the handover can take place.

 

So it seems like the lettings agent is attempting to pull a quick one on me, and charge me an extra weeks worth of rent (roughly £200) when I am not even occupying the flat.

 

In addition to this, they want to charge me £300 for the re-letting fees (which they said would be deducted from the deposit). Is this reasonable? I know I agreed to pay this, but if it is an absurd amount, perhaps asking them for a breakdown of the costs might help?

 

What are my rights in this situation? :frown:

 

Many thanks fellow CAGers.

 

EDIT: Also forgot to ask - when am I allowed to cancel my standing order with the bank? My next payment is due on the 3rd of the next month, and I obviously won't be staying for the whole period...

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Incontro, what do you mean when you say there was no break clause to start with? An Assured Shorthold Tenancy usually starts with a fixed term of, often, 6 months. That creates a "natural" break clause.

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Q1 – Where is the rented property located (England / Wales / Scotland / N Ireland)?

 

England.

Q2 – What type of Tenancy Agreement (TA) is this e.g. sole tenant / multiple tenant / room only?

 

Sole tenant.

 

Q3 – What date did current TA start dd/mm/yy?

05/09/15

 

Q4 – How long was initial fixed term (6/12/24 months / other)?

 

12 months, no 6 month break clause

Q5 – Does the TA state that rent is due weekly? / 4-weekly? / per calendar month (if so, on what same date each month)?

 

monthly (in advance)

 

Q6 – Did the TA require a tenant damage deposit to be paid? If so, on what date was this paid (dd/mm/yy)?

 

Yes, paid before moving in, 1.5 months worth of rent. Protected under TDS.

 

Q7 – If your query relates to a notice for repossession from the landlord (a Section 8 or Section 21 notice) or a tenants's notice to quit to the landlord, please provide the exact date the notice was sent/received (dd/mm/yy).

 

Notice given 10/03/16

 

Q8 – Does the landlord live in the same property as the tenant?

 

No

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My main issue is with the fact that the surrender date (the 14th) is not the same as the end of tenancy date (the 7th). I should not be held liable for the flat if I am not residing there - so, I am particularly interested to know my rights regarding this aspect.

 

Any information on laws relating to this, or guidance would be greatly appreciated.

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when you pay monthly is that based on the original tenancy commencement date-ie 10th of the month? If so you will be paid up until the 10th april on your usual rent cycle so you dont need to pay anything extra. If you quit on the 7th then you have paid what is due until the end of the tenancy. If the date has been moved to the 14th you will have already paid the months rent so you wont be paying any more. I bet they have someone else lined up and dont want to lose a weeks money so are trying to keep you liable when you are not. Saves them having to refund the lanlord a fiver.

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