Finders fee AND paying up to end of contract???

NewbieLou_2

Morning all,

I posted a few months back about leaving our tenancy early but need a bit more advice.

Basically, we decided earlier in the year that leaving the tenancy 5 months early would be too costly so we've stayed and looked elsewhere for when our contract is up.

Our contract runs out on May 30th and we have already found our next home which is perfect. Only problem is new LL wants us to move in no later than April 30th. So, we've spoken to our lettings agent, Bridgfords, and advised them that we weren't renewing our contract at the end of May and asked about the repercussions of us perhaps leaving a month early.

Bridgfords have advised that we will be charged a finders fee (didn't give an amount though, they said they would advise us after speaking to landlady) for them finding a new tenant and if that does not happen before April 30th then we are liable for the last months rent. We totally accept that, we're leaving a contract early and we're prepared to count our losses.

However, we're now wondering if we will be charged a finders fee AND the last month of rent if they don't find a tenant in time??? We spoke to them late yesterday afternoon and they said they would contact us Monday to speak through it all so reallly I'm just wanting to know what they might expect us to pay? It seems unfair to me that they charge a finders fee and last month of rent.

Also, the LL herself has contacted us late last night and asked us why we plan on leaving, we said we wanted to move to a different area and into a house that was cheaper, thought it best to remain on good terms with her and not say the reason we were leaving was because she hasn't maintained the property as well as expected! She has turned round and said that she no longer wants to deal with Bridgfords and at the end of our tenancy was going to take over the management of the property herself, so now we're wondering if we need to pay Bridgfords a finders fee at all seeing as they will no longer be finding the tenant for this property???

Sorry for the long rambling post! and answers/ advice would be very welcome!:D

darren_clarke

i bet the finders fee, would be the same as a months rent,

why doesnt your new LL want you to move after the 30 april, are they scared of having a empty house and no money coming in

the LA are trying to get as much money as possible out of you

NewbieLou_2

New LL ideally wants us in by mid April as house is newly refurbished and he wants money coming in as soon as possible. We've negotiated until April 30th but he won't go later on that.

NewbieLou_2

Any more advice people?:D

Fire_Fox

Why are you doing this through the letting agency and not the landlord? Letting agency cannot charge you anything, you are not contracted to them. How much is the finder's fee?

There will be costs of marketing and advertising, but the landlord would have to pay them himself in a month anyway. So it's not reasonable to charge you this if no tenant is found in time, you could ask for that money to be refunded if no tenant is found and you end up paying the full month, and take out a small claims action if this is refused.

IMO ask the landlord for an early surrender and pay any rent they ask, handover the keys and have the checkout done then keep a close eye on when it is relet (maybe ask the neighbours to inform you or drive by yourself). If it's relet within the final month you can ask for the rent to be refunded they can't charge two tenants at once.

G_M

1) If you pay rent to the end of the contract (end May) then your tenancy does not end to end of May, so you can leave then without notice. No finders fee.

2) if either the LL /agent finds a tenant to move in earlier (ie end April or so) you can end your tenancy then, allow the new tenant to move in, and pay no rent for the period from this Early Surrender of tenancy. It is then fair and usual for a finders fee or similar to be charged.

3) Just because you move out (ie move into new place on 30 April) does not mean you have to end the tenancy. You could compare the cost of the finders fee against the cost of paying rent and continuing the currenet tenancy to end May. You would then of course hold onto the keys, and remain liable for utilities, council tax, security etc.

4) The fee for Early Surrender of the tenancy (if any!), whether called a 'finders fee' or 'early marketing' or anything else, is between you and the landlord. Yes, if the landlord chooses to delegate this matter to his agent, that is his choice - but since you are already talking to the LL, whynot discuss this direct. The 'finders fee' is NOT an agency fee - it a a fee for ending your contract with the landlord early.

NewbieLou_2

We thought we had to go through the lettings agency, that is what we were advised by friends/family. We have never properly rented before, our last home we were in was owned by my dad so never had any of these issues!

Lettings agency said "they would let us know" what the finders fee was going to be which immediately made me worried. Like I've said, this was all done late yesterday afternoon so I was planning on contacting the lettings agency on Monday to find what was going on.

I'm going to speak to the landlady myself Monday, despite the issues we've had with her maintaining the property she does seem reasonable enough (oh I sound so naive!)

NewbieLou_2

G_M wrote: »

1)

4) The fee for Early Surrender of the tenancy (if any!), whether called a 'finders fee' or 'early marketing' or anything else, is between you and the landlord. Yes, if the landlord chooses to delegate this matter to his agent, that is his choice - but since you are already talking to the LL, whynot discuss this direct. The 'finders fee' is NOT an agency fee - it a a fee for ending your contract with the landlord early.

We were given the impression yesterday that it was the lettings agency we needed to pay! Thanks for this info, definitely going to speak to landlady on Monday and try and sort it out with her directly from now on, lettings agency just seem to be confusing the hell out of me!

Fire_Fox

The agent is a representative of the landlord only, it's the landlord you are directly contracted to and they are more likely to be reasonable being a human rather than a business IYSWIM. Often formal situations like surrendering the tenancy or reporting repair or maintenance issues are best done in writing.

Even if you were to pay money to the agency you are actually paying it to your landlord and then your landlord paying it to the agency, since they are the ones contracted to the agency not you. It's much the same as paying rent and damage deposit to the agency, the law sees that as you paying your landlord.

Incidentally if you paid rent to your father for your last home and he did not live in the property he was your landlord and you the tenant so you have "properly rented before". All the rights, responsibilities and obligations (repairs, gas safety certificates, tax etc.) apply even when letting to family.

ValHaller

NewbieLou wrote: »

She has turned round and said that she no longer wants to deal with (Agent) and at the end of our tenancy was going to take over the management of the property herself, so now we're wondering if we need to pay Bridgfords a finders fee at all seeing as they will no longer be finding the tenant for this property???

Absolutely do not deal with the Agent on this, particularly as your LL is sacking them. You are doing her a tiny favour because the sooner you leave the sooner she will not be paying them their cut.

Negotiate with the LL. The Agent is the LL's problem

G_M

The giveaway is in the name.

"Agent".

See dictionary: " A person who acts for another, esp one who looks after or represents the business affairs of a person or firm." (Longman)

The landlord is the boss. The agent does what he is told.