Landlord says I'm liable for extra fees as I'm leaving a month early

[Deleted User]

I have informed my landlords agency that I will be terminating my tennancy a month earlier than expected.They have written to me stating that I will still have to pay Dec to January's rent of £525 regardless of whether a new tennant moves in.Also,that I will be liable for £225 in admin costs ??
I understand that I'm liable for a months rent if they don't get someone in....as the CAB told me that I am...but the other fees in question I find a joke.
For 18 months I've suffered noise,damp,water leaks and ill fitting windows in this place and I can't wait to get out.It's got to the stage where I'm thinking of just settling up the utilities and leaving !

rpc

So you are leaving one month before the end of a fixed term?

They can hold you to the rent OR agree an early surrender which they can charge what they like for. If you keep the tenancy to the end of the fixed term (paying the rent) then you can be liable for no other fees as you can just end the tenancy at the proper time rather than early.

robpw2

even if your on a fixed term contract they can only charge you rent for anytime the property remains empty .. if they move someone else in then it would be deemed they have ended your contract early and thus cannot charge you rent .

as for admin fees thats up to the landlord/letting agent and there is nothing you can do about that

UsetheFORCE

robpw2 wrote: »

even if your on a fixed term contract they can only charge you rent for anytime the property remains empty .. if they move someone else in then it would be deemed they have ended your contract early and thus cannot charge you rent .

as for admin fees thats up to the landlord/letting agent and there is nothing you can do about that

Could the admin fees not be considered a penalty charge? Are the charges listed in your contract as being payable in this situation?

Anyone?

[Deleted User]

I've read through the contract and it says nothing about being charged any fees or even paying any outstanding rent in it, if terminated early.They could in effect pluck any figure out of the sky and charge that in admin fees...!! So what if I refuse to pay the admin fees? What then?

spenceeyftb

As you've signed for a fixed term of course you'll have to pay the remaining time left.

As for admin fee's most of the time they are a load of balls. Ours wanted to charge admin fees for work carried out when we left, I told them the fees accounted to almost the same amount as the word carried out, so we agreed on not paying the fees.

Herzlos

If the admin fee only applies when leaving early, and you've got the last months rent to pay anyway, surely you're best just maintaining the tenancy until the end of the lease even if you never go near the place again?

[Deleted User]

Herzlos wrote: »

If the admin fee only applies when leaving early, and you've got the last months rent to pay anyway, surely you're best just maintaining the tenancy until the end of the lease even if you never go near the place again?

This did cross my mind.However...I'm due to exchange in a few weeks..(FTB)..so I thought if someone moves in for dec that will save me £525 plus hopefully I'll get my deposit back ..another £525.As for the fees...it's looking like I won't pay them if I leave early.
The other thing is that I didn't sign an extension to the tennancy I just agreed to extend another 12 months over the phone,I never actually signed a contract.

fivetide

Then you need to check what you have. It might be that your shorthold tenency has simply rolled onto a month to month. In which case no rent would be payable.

You will have to re-read your contract that you did sign. I would also argue the fees if it does not mention them in the contract.

The only thing they could do there is try to take you to small claims for it but without a contract that says they are due I can't imagine why they would possibly win.

Be careful of suddenly getting stung for lots of damage though and no deposit back as they try to make up a shortfall. Hopefully you had a decent inventory and noted the faults when you moved in (and documented complaints re: windows etc). Make sure you take snaps and/or go round with them to do the move out check.

[Deleted User]

I was going to film the place when all cleaned up and bulbs replaced etc with a witness...so that they couldn't turn round and say that the kitchen was gutted by fire !!! or such ! Flat was unfurnished.I have written to them in the past mentioning the windows and the damp.

rpc

robpw2 wrote: »

even if your on a fixed term contract they can only charge you rent for anytime the property remains empty .. if they move someone else in then it would be deemed they have ended your contract early and thus cannot charge you rent .

But they are free to charge whatever they wish for you to end your contract. They cannot charge rent as your tenancy no longer exists. They can say that they will only agree to a surrender if you pay them everything you would have paid in rent...

Deleted_User wrote: »

The other thing is that I didn't sign an extension to the tennancy I just agreed to extend another 12 months over the phone,I never actually signed a contract.

Strictly, you do have a fixed term IMHO. A verbal agreement has the legal force of a written contract. However, the question is whether the letting agent can prove it.