Cancelling a let that is Subject To Contract

mather3068

Hi,
I had my house up for let after being unable to sell it. I did through an estate agent and they were successful in finding me a tenant. I know the tenant has paid approx £250 in admin fees for credit/ reference checks etc but I am now in the unfortunate position due to personal circumstances that I have to take it off the market and can no longer move.
I signed something when the agent very first came round to my property that stated the rules of the letting etc and I specifically remember that it said on the front initial set up fee was £300!!! I gave this back to the agent but never was given a copy of it. Am I legally tied to pay them a fee for taking it off the market now or is it subject to contract, the contract begining the day the tenant would have moved in ?
I havent received an official contract, the only paperwork i have received is a proposed tenancy agreement by e mail.
I am heading in the estate agency tommorrow asking for my keys cut back but am really not sure legally where I stand.
Your advice would be much appreciated

G_M

You have appointed the letting agent as ...your agent. That's what the title means. So he can act on your behalf.

So if the agent has signed a tenancy agreement on your behalf with the proposed tenant then that is a legally binding contract between you and the tenant. If you deny the tenant access to the property, he can sue you for breach of contract.

If the tenancy agreement has NOT yet been signed, then you can instruct your agent not to proceed - in which case I sincerely hope you and/or the agent refund the money this poor potential tenant has paid in good faith.

OK - that covers the tenant. Now, how about your contract with the agent? For details of that you will have to refer to the agreement you signed with the agent. Does it commit you to a managemnt fee or similar for a set period of time? Or until you give notice? In which case how much notice?

Or does it require a fee for 'finding' a tenant (which the agent appears to have done?)

I can't see your contract with the agent, so cannot advise!

Werdnal

It is likely that the agent has incurred fees themselves for marketing, viewings etc, so you will owe them recompense for the work they have actually done on your behalf. They will also now have to refund the tenant for the cost of the credit checks and referencing they have done, so they will be looking for you to cover that aswell.

All depends on the contract terms and conditions you signed. Moral of the story is never to sign anything until you have read and thoroughly understood what you are agreeing to.

If agent demands the fees, ask them to justify their claim with a written breakdown of the actual costs they have incurred since you signed them up to market your property.

I feel sorry for the tenant here, who may have actually already given notice on their current property!