Renting contract with Estate Agent - pls help

pinklady**

Im hoping somebody can help me as I can't seem to find what im looking for on here.
I moved out of my own property in January this year to rent it out after splitting up with an ex and obtained consent to let on a short term basis.
I knew at the time it would not be a long term plan and was given the ok to let for 1 year. I began my search for estate agents and chose the one most well suited on the find and collect service, they found me tenants and they moved in February.
At the time of agreeing the contract I told the agent I would only be looking to let for around 6-8 months, they told me to help me out and save me money they would issue me a 1 year contract with a 6 month break clause no problem at all.
It has now come to the time I have asked my tenants to leave with 2 months notice and the estate agent is telling me I must pay their commission until February next year.
I have had many problems with the agent up until this point ( no deposit being transferred over to me, late payments every month of around 10-15 days the excuse was tenants had paid late which was untrue )
I have just about had enough now and could not bear to pay them every month until Feb costing me a fortune for their unhelpful manner up until now !
Can somebody please advise me where I stand and if I can contest this ?

Innys

Check the contract you signed with them. If it says you have to pay, I don't see how you can get out of it.

It could have been different if the tenants chose to leave independently of your wishes. However, if you chose to terminate the contract prematurely, I suspect the LA is entitled to their fee for finding you a tenant for one year.

Sorry.

P.S. I don't think you should be receiving the deposit anyway as it will be held within an approved Tenancy Deposit Scheme by an independent 3rd party.

tbs624

Innys wrote: »

Check the contract you signed with them.

Agree with Innys - that has to be your first step. Never believe a LA who says that they want to help you - they generally act in their own best interest IMO. If the phrasing is ambiguous post back here with the relevant clause and you'll get plenty of suggestions.

I think you may well have to pay them, but if they have been persistently late with handing the rent payments over (also check the small print on this issue) then I would look to at least offset something in recognition of that.

If you are in Eng/Wales rather than Scotland, which deposit scheme is being used, and does your contract with this LA state clearly who should deal with that aspect?

Innys wrote: »

P.S. I don't think you should be receiving the deposit anyway as it will be held within an approved Tenancy Deposit Scheme by an independent 3rd party.

There are three schemes,only one of which is custodial, so either the LL or the LA *may* be holding the deposit monies.

pinklady**

Thanks for the suggestions I will dig the contract out read the small print and report back.