Help needed with letting agent from Hell

Vindiesel

Hi all

I am having a problem with a letting agent and would really appreciate any proffesional, or legal input that anyone may have..the problem is this:

I let a property on a 6 month assured shorthold tenancy agreement as of01/11/2005. I extended the agreement by a further 6 months in 01/05/2006. I then contacted the letting agency in June to advise that I wished to exit
my agreement early. They agreed that I could, subject to a 're-letting fee'
of £452.38 in total. This fee was payable for ****** to re-let the property, and cover their advertsing and other fees. In the mean time, I have had to pay rent even though I am not living there.

Now the contract expires on 31/10/2006. After contacting them today to ask for an exit inventory check, they have advised that they have re-let the
property; and a new tenant wishes to take occupation as of the 27/10/2006! I find it incredulous that this has actually happened, and I potentially will have to forfeit £452.38 to break out of the contract 4 days early.

***** claim to have called me last week, and left a voicemail to advise they have someone wanting to move in, and can we perform the exit inventory early. They have not contacted me, nor left a voicemail. In fact
my partner contacted the landlord 2 weeks ago, asking if he had anyone to re-let the property, and he did not bother to respond. I wonder whether the lack of anything in writing would help repudiate this unlikely
claim of re-letting?

What can I do about this? Yes I asked them to do something back in June- but if the property is not re-let, I get my money back. If it is re-let 4 days before the contract expires, I have to pay £452.38 !
I was thinking could I advise them that I cannot vacate the property before the expiry date and claim my money back? The problem is that I have paid
for this whole month's rent already. I will not get this refunded by having the property re-let. Therefore f it is re-let by 27/10/06, I have paid £452.38
effectively for nothing at all.

I thank you all in advance for your help; I am at my wit's
end with *****. Ever since I moved in they have messed me about and upset me. For example they did not perform an inventory prior to me moving in- this is confirmed in writing by the landlord. I have 5 different inventories as each time I sent them a list of changes, they only actually made a few amendments.
Their lack of communication and help was so apparent, that i had to complain to the Chief Executive in order to get a refund for something they did not do in the
1st place (the inventory) - and this was their legal obligation! It has also taken over 3 months to fix a broken window lock. This is partly ***** fault.

Thanks all


V


** I have omitted the company's name just to keep my anonymity in this case until it is sorted out**

lynzpower

these sound like the letting agents I used once, downright bloody scammers Ive no shame they were called LONDONS PEOPLE ROMAN RD E3.

Do you still have the keys for the property?

Mrs_pbradley936

I am not sure of the legal position but I agree with you that you have been poorly treated. I think I would send them a letter saying that I would pay a weeks rent (to show you are being fair) and that you expect a refund of whatever (plus I assume you left a deposit). They are not out of pocket if it is re-let.

Vindiesel

hi

yes i do still have the keys

Vindiesel

pbradley936 wrote:

I am not sure of the legal position but I agree with you that you have been poorly treated. I think I would send them a letter saying that I would pay a weeks rent (to show you are being fair) and that you expect a refund of whatever (plus I assume you left a deposit). They are not out of pocket if it is re-let.

hi
thanks for your post. he problem i see is that i have already paid this fee..I don't think they would refund the £452 in place of £150 when they don't 'have' to.

I am almost certain that they are being disingenuos (sp?) with saying they have someone who wants the property..especially given the fact that they wnt to move in 4 days before the expiry date..How could i possibly prove that though? DPA proetects the mystery customer's rights..it's just too convenient..

agh, i need serious help!

I am not letting them get away with this

lynzpower

i tell you what Id do

there should be a private lettings officer at the council where you live, based in the housing dept. See if you can run it by them

there may be a case to take this to the small claims court.

Vindiesel

lynzpower wrote:

i tell you what Id do

there should be a private lettings officer at the council where you live, based in the housing dept. See if you can run it by them

there may be a case to take this to the small claims court.

thanks for your input..i will investigate that avenue tomorrow

v

Alleycat

Sorry, but I'm really confused. Did you pay the £452 're-letting fee' and then continue to pay rent up until now? I would have thought, that if you had to pay the fee that you would then not be expected to continue paying rent as by paying this fee, you could then exit the tenancy early?

clutton_2

you have signed an AST for the full 6 months, this is a legally binding contract - you have agreed to pay rent for 6 months, the landlord has agreed to provide accommodation for 6 months. IF you leave early and stop paying rent, the landlord is fully entitled to claim the full cost of finding a replacement tenant, but, is not allowed to have rental income from two people simultaneously for the same period. An agency will probably charge a months rent plus VAT to find a new tenant - i guess that is what this sum is for.

if the landlord was trying to turf you out a few weeks into a 6 months contract, you would suggest that he was not sticking to his agreement.

Vindiesel

yes, thanks Clutton and Alleycat.

to clarify I do pay each months rent in advance- so i am paid up until end of contract, and yes I did pay £452 for a 're-let fee'- it's a dubious term i know..it covers advertising, VAT, and err...they can't seem to tell me what the other £300 is for.

Well there appears to be some good news (touches wood); after grilling them (and I don't take no for an answer), they agreed that as i am not 'moving out' until the end of the contract- 31/10/06, the property has therefore not been re-let, so i will get the £300 fee plus VAT back, That still leaves the small sum of almost £100 for advertising incl VAT..the original doc that requires them to re-let the property states "If for any reason...the property is not re-let by the 31/10/2006 then the above mentioned fee will be returnable to you". I have quoted this, yet they are claiming this refers to the £300 + VAT...they are saying i have to still pay the advertising fee as they have been advertising it. That may be fine, but that's not what the dox say- as per above.

At the moment I am gonna wait until check-out and get my bond back and the re-let fee..then maybe pursue the other £100 from there.

Thanks for all of your input guys!

v