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Joshua
Joshua, Lawyer
Category: UK Property Law
Satisfied Customers: 24527
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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HI, my tenancy agreement had no break clause and I decided

Customer Question

HI, my tenancy agreement had no break clause and I decided for finacial reason that I couldn't afford any more with the rent and i contacted my estates agents notifying them about my decision to leave the flat before the fixed term on the agreement, they rapidly agreed but told me about the pro rate charge for Early Termination contract, later they email me with the figures of how much would be charge per month from the day I lef to end of the term, I agreed with the figures because was really reasonable, by the time when I request my deposit back the letting agents added on the top of the early termination fee more 15%, VAT 20% for the annual rent due the days of the term, plus VAT 20%. My question is the pro rate charge for early termination fee was raised absurdly with all those new rate(15%)and VAT+VAT is that valid? There is any support on Law all those charges, what should I do Legally against those abusive figures given to me? At the end 90% of my deposit will go only on those fees. please help me. thanks
Submitted: 2 years ago.
Category: UK Property Law
Expert:  Joshua replied 2 years ago.

Joshua :

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Joshua :

What early terminsation fee was originally proposed please?

Joshua :

What early terminsation fee was originally proposed please?


Joshua, Lawyer
Category: UK Property Law
Satisfied Customers: 24527
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Joshua and 9 other UK Property Law Specialists are ready to help you
Expert:  Joshua replied 2 years ago.
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Expert:  Joshua replied 2 years ago.
Are you having difficulty with the chat function?

What early terminsation fee was originally proposed please?

Customer: replied 2 years ago.
the original proposed was £218.40 per month, so i still had 164 for end of the term
Expert:  Joshua replied 2 years ago.
How many months were left in the term?
Customer: replied 2 years ago.
5 months + 10days
Expert:  Joshua replied 2 years ago.
  1. Can you confirm if you accepted the cancellation fee in writing and if so are you able to copy and paste the exact terms proposed by the agent?
  2. would I be correct to presume you had an assured shorthold tenancy agreement?
Customer: replied 2 years ago.
I didn't accepted in writting , they sent to me those figures (218.40) via email, so there fore i do have in writing by them their originally proposed, and yes shorthold tenancy
Customer: replied 2 years ago.
the tenancy agreement is for a year but by the time i left still 5 motnhs and 10 days
Expert:  Joshua replied 2 years ago.
  1. Thanks. Finally just to be clear, did you only accept the original proposal verbally - i.e. there is nothing written by you accepting the same?
  2. Have you moved out already and if so has the property been relet?
Customer: replied 2 years ago.
1. yes only verbally, nothing written by me, only their with that proposal.
2.I moved out a month ago since then was a hide and seek game on their side on my request for my deposit only last week they came out with these firgures, and yes the property was quickly re-let, which was at 01/02
Customer: replied 2 years ago.
sorry i pressed the wrong button please carry on
Expert:  Joshua replied 2 years ago.
Perfect. This is a complete try on by the agents.

You do not have a right to end the tenancy unilaterally early but this does not mean you cannot move out early.

The landlord has a common law duty to mitigate his costs and cannot enrich himself via the agents or otherwise as a result of your desire to leave.

He is entitled to ask you to pay reasonable costs of remarketing and administration costs which will be a few hundred pounds at the very most (and you can ask the agents to justify any such costs with a full breakdown) and also that you pay full rent until a new tenant is installed which from what you say this was done very quickly.

I would recommend that you conveniently forget accepting their proposed fee and deny any such acceptance of such absurdly inflated costs.

Advise you will pay rent until the date the new tenant was installed and you will pay a reasonable amount representing their remarketing costs and admin fees as above - do not accept absurd inflated figures.

Ask for a full breakdown of these costs and advise that you will require your full deposit less the above agreed sum returned within 10 working days failing which you will refer the matter to the deposit protection service assuming your deposit was protected or failing which issue proceedings against the agents in the county court. A judge would certainly disallow such absurd fees - they appear to be a penalty which is unlawful in English law in contracts.
Customer: replied 2 years ago.
but their remarketing cost and fees is that 15% and VAT+VAT, so there are 3 fees on the top of £218.40, is that support by English law?
Expert:  Joshua replied 2 years ago.
But that will not reflect their actual costs of remarketing. They are attempting to profit from your early termination which is unlawful. They can claim the cost of advertising and reasonable staff costs - I imagine they pay their staff at most £10-£15 per hour. Do the maths.
Customer: replied 2 years ago.
I have hight doubts that they registered my deposit at Deposit Protection, cos nothing was mentioned to me since the sign of the term and when I mention such precaution last week requesting the balance they slipped on it, saying that they did registered but they "forgot" to mention or give any details about my balance or any information in which company, is this case I can sue hem as well?
Expert:  Joshua replied 2 years ago.
If your deposit is not registered then you can issue proceedings against the landlord and agents together in the county court for return of the same less reasonable costs as above.

www.moneyclaim.gov.uk
Customer: replied 2 years ago.
I received today a email from them Tell me that they will request my deposit from Deposit Protection (as a said, they r lying) with the figures already deduced, and Shock, my Deposit was originally £3,500.00, they "worked out" basing in all the fees and preparation of execution of the Check Out and propose give back £270.00
Expert:  Joshua replied 2 years ago.
I suggest you decline their kind offer. They are trying to take you for a ride. I would suggest that you should be thinking in terms of a few hundred pounds in costs at most plus owed rent. If you can't agree go to court. Check to see if deposit protection holds your deposit. If so advise them you are in dispute
Customer: replied 2 years ago.
one last thing when you asked if my contract is Shorthold Tenancy i said it was but looking at now it does not appear these "shorthold Tenancy", but is fixed term for a year, is there any change of the subject?
Expert:  Joshua replied 2 years ago.
No that is an AST.

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