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No they aren't and yes she needs to grow up!Thanks for the responses so far. I was thinking along these lines.
Let me give some additional info. From what I can tell the conditions were agreed verbally over the phone, then confirmed by the agent in an email.
My mum questioned the original invoice for £600, saying she thought the fees would've been around £300.
The invoice was sent on 30th August.
The original tenancy was for 6 months at £895 per month. She left 4 months in.
The reasons for leaving... The flat was one of two in a small block above a shop. The other tenant had been extremely rude and confrontational to my mum. When my mum complained about the behavior to the letting agent, they took the side of the neighbor and told her to "grow up". My mum complained to the letting agent director, but they backed up the agent who said it.
The flat is on two floors, was nice and modern. For some reason, the letting agent thought it would be OK to tell my mum that a previous tenant had hung themselves from the 2nd floor. This info, and the continued anti social behavior of the neighbor was too much for my mum to take.
I've just seen the email from the agent threatening court action. Apparently they are really upset about this as they 'went above and beyond to help you break the tenancy and find you another lovely property, all in a very short time-frame, which we did not have to do'
I think as a letting agent, being paid by a Landlord and Tenant, they are obliged to do just that.
Pay up or get a CCJ, that's basically it0 -
OR alternatively don't take this advice, as:Chappers27 wrote: »When she signed the initital tenancy agreement, were those terms in the document? The only thing that matters is what is in the terms and conditions of anything she has signed.
Alternatively she could leave now, take her things, and not leave a forwarding address. That's not my recommendation. She should NOT get a property through the same letting agent! Find a different place. I cannot quite believe they referenced her again after just four months.
If it were me, I'd read the original tenancy agreement about termination.
1: its legally incorrect
2: will end up costing a lot more0 -
Thanks for the responses so far. I was thinking along these lines.
Let me give some additional info. From what I can tell the conditions were agreed verbally over the phone, then confirmed by the agent in an email.- so there is written proof of the terms of the surrender, ie no denying the conversation ever happened.
My mum questioned the original invoice for £600, saying she thought the fees would've been around £300.-
she agreed to the fees though. What she thought is irrelevant.
The invoice was sent on 30th August.
The original tenancy was for 6 months at £895 per month. She left 4 months in. - so without the early surrender agreement, she owes rent for the remaining 2 months £1790
The reasons for leaving... The flat was one of two in a small block above a shop. The other tenant had been extremely rude and confrontational to my mum. When my mum complained about the behavior to the letting agent, they took the side of the neighbor and told her to "grow up". My mum complained to the letting agent director, but they backed up the agent who said it.- Mum had a dispute with a neighbour, this has nothing to do with the agent (regardless if they happen to manage the other flat. So yes, grow up and stop complaining to the agent.
The flat is on two floors, was nice and modern. For some reason, the letting agent thought it would be OK to tell my mum that a previous tenant had hung themselves from the 2nd floor. This info, and the continued anti social behavior of the neighbor was too much for my mum to take.- fair enough, that's Mum's choice for her own sanity. However no wrongdoing by the LL/agent and no grounds to terminate early.
I've just seen the email from the agent threatening court action. Apparently they are really upset about this as they 'went above and beyond to help you break the tenancy and find you another lovely property, all in a very short time-frame, which we did not have to do'- well they did, they/LL doesn't have to agree to a termination at all.
I think as a letting agent, being paid by a Landlord and Tenant, they are obliged to do just that.- No, they are obliged to if the LL tells them to, but neither has any obligation to the tenant to terminate the tenancy / find a new property.
Unfortunately the reasons for leaving are not enough to justify breaking the tenancy, so the starting position is Mum owes the remaining rent £1790. Mum and LL (via agent) can negotiate an early surrender, subject to whatever terms they agree. Mum agreed to pay the LL
- rent until new tenant started
- reletting fees.
It was up to her to check she was comfortable with these before willingly agreeing. If she wishes to argue there was a misunderstanding and £600 was more than they expected, then she's back to no termination agreement, so owing £1790.
Pay up, it's what she agreed and not worth the extra court fees if she tried to ignore it.0 -
She had lived in the flat for only four months, and the flat needed £300 of rectification to be re-lettable...?!?Ok, so far my mum has been charged £480 for first flat (references, setup, credit check etc) + deposit of £1340. The deposit was returned minus £300 (for painting and descaling shower!).
Well, yes, of course. For all her new landlord knows, her credit status has plummeted in the last few months. The setup costs are the same as if she'd been in her last place four months or four decades.The same £480 fees were charged for next property + deposit of £2480.
Yes, it is. If it's not expensive for the tenant, then it's expensive for her soon-to-be-ex landlord - who is the innocent party in this, and is actively going out of his way to do her the favour by pandering to her sensitivities.It's an expensive business leaving a property early!
Perhaps she should have thought all of this through before deciding that she couldn't possibly continue to live in the old flat...?
Does that "arrangement" include paying what she agreed to pay, rather than attempting to renegotiate after gaining the agreement she wanted?I'm going to get her to reply saying that legal action is unnecessary and that she would be willing to come to some sort of arrangement.0 -
Some sage advice. I have to take issue with those saying that she should grow up. That could equally be said of the neighbor, who thinks it's ok to verbally abuse someone centimeters from their face. And perhaps of the agent for saying it in the first place. It's not generally how you speak to someone.
Perhaps I shouldn't have mentioned it at all, seeing as it's had no bearing on the outcome
Thanks all!0 -
Nobody has said anything about the neighbour's behaviour being acceptable - because it clearly isn't. But I'm really not sure what you/she expects anybody to do about it...Some sage advice. I have to take issue with those saying that she should grow up. That could equally be said of the neighbor, who thinks it's ok to verbally abuse someone centimeters from their face. And perhaps of the agent for saying it in the first place. It's not generally how you speak to someone.
As for the agent... As far as I can see, his only fault is mentioning something that happened in the past, which is completely and utterly irrelevant to anything that could possibly affect your mother's life in that property. TBH, her apparent reaction to that nugget of information makes me wonder whether she's simply being melodramatic about the neighbour's alleged "abuse"...
If she's going to throw her toys out of the pram any time anybody is anything but sweetness and light to her, then "grow up" does not seem inapposite advice.0 -
Some sage advice. I have to take issue with those saying that she should grow up. - Then you need to grow up too. Any property that isn't brand new has a chance that someone died there. It's not a big deal. Equally not getting on with your neighbour? Well tough, she could've just coped for 2 months. That could equally be said of the neighbor, who thinks it's ok to verbally abuse someone centimeters from their face. - And? Either report it to the police if you think it's a crime, or move on with your life. Just FYI sticks and stones... And perhaps of the agent for saying it in the first place. It's not generally how you speak to someone. - Does sensitivity run in the family? Crikey...
Perhaps I shouldn't have mentioned it at all, seeing as it's had no bearing on the outcome
Thanks all!
Just pay up and seriously don't get so bent out of shape, they're just words....0 -
She didn't need to rent her new property through the agency, she could have looked for a cheaper alternative elsewhere, and likewise she could have disputed the deposit deductions.Ok, so far my mum has been charged £480 for first flat (references, setup, credit check etc) + deposit of £1340. The deposit was returned minus £300 (for painting and descaling shower!). The same £480 fees were charged for next property + deposit of £2480.
It's an expensive business leaving a property early!
I'm going to get her to reply saying that legal action is unnecessary and that she would be willing to come to some sort of arrangement.0 -
Someone seems to be looking for an argument
I've taken what has been said on here regarding the fees and will make sure my mum pays them. It's better and cheaper than the alternative. I speak from experience of having successfully defended myself in the small claims court.0 -
Someone seems to be looking for an argument
I've taken what has been said on here regarding the fees and will make sure my mum pays them. It's better and cheaper than the alternative. I speak from experience of having successfully defended myself in the small claims court.
Then you would know there is no defence here.0
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