Getting charged multiple fees for changing one tenant on a shared property.

rodh_2

Hi, I'm currently renting a property from an agency along with 3 other people. We've been renting for a year and as our contract approaches its end, one of us wishes to move out. We have found a person to replace them, and notified the agency 2 months ahead of the change, as required for terminating the contract after the contract period. We won't be moving our possessions and furniture out so there's not much point for an inventory check. The new tenant has agreed in writing to the existing inventory and will be paying their deposit to the previous tenants. Also I don't believe we need to pay a check-out fee (which we would had we been all moving out and requesting our deposits back).

So far I was under the impression that the agency would terminate the existing contract, and start a new one with the new names.

Because of this, we need to pay a Tenancy agreement fee of £100 + VAT. Which, as far as I understand, is for the drafting of the new contract, etc. Fair enough.

They are now also trying to charge us an admin fee based on the following:

"If one of your co-tenants wishes to vacate prior to the tenancy expiring and if the Landlord agrees, when a new tenant is found, a new tenancy for a new minimum fixed 6 month period may be drawn up. At least one months notice must be given. There will be an administration fee charged by us of £125.00 plus vat and in addition a charge of £100.00 plus vat will be levied for the tenancy agreement and the reference charges of £90.00 + VAT(per tenant) for the new incoming tenant."

Given we've been here for a year and saw the contract all the way through (it rolls over by default, but we gave them notice we would have to change the contract 2 months before the 12 month term, as that is the required notice). According to the agency though: "You are breaking the contract because you did not give notice to quit the property, nor vacate the property. Therefore, the admin fee is chargeable." Also: "The fee is due for the administration work involved in a tenancy changeover."

Does it seems sensible to be paying this fee? Is it standard practice to charge it even when you're terminating a contract after the agreed contract term? It seems to me like we're being charged twice for the same thing.

I realise I'd do better with legal advice as this is probably down to the contract wording, more than what's fair. But I'd like to hear what people think of this fee.

Thanks