Ending tenancy early - fees / issues

Frugal_Douglal

Hi

I’ve been renting a flat in Scotland – 6 month short assured tenancy, lease expiry date being 5 June 2014. I had to leave the property one month early for personal reasons. There is no break clause in the agreement. On 31 March I told the letting agent that I had to end the lease on 5 May. They said that it was possible for the move out date to be revised as 5 May (conscious that they didn’t state this to be the new lease expiry date), but that I would have to pay £180 re-marketing fee and would be liable to pay rent until the move in date of the new tenant. I couldn’t afford to pay the re-marketing fee straight away, so on 11 April the agent chased me for payment of the fee advising that paying it late would delay their re-marketing of the property which would in turn delay the move in date of the next tenant, which would cost me more. I scraped the money together as soon as I could and paid the £180 fee on 15 April via fast pay. On the same day I asked if the agent if they could confirm receipt of the fee, and when the property was likely to be relisted – they said they would get back to me and that they would do their best to get a new tenant in for my exit date. A week later, on 22 April, the agent still hadn’t confirmed receipt of payment and the property still hadn’t been relisted on their website, so I emailed them again to ask for confirmation of receipt of the fee and asking when the flat would be relisted as I was conscious that the delay would be costly to me. The agent didn’t respond to my email. On 24 April, I called them twice to ask the same questions and the receptionist said that the team were too busy to talk. On 30 April, after my dad called to complain about the delay, the flat was suddenly relisted on the agent’s website. They couldn’t account for the delay in re-advertising the flat over 2 weeks after I paid the fee - they didn’t even need to take new photos for the advertisement. Viewings were booked as soon as it was relisted, and they secured a new tenant on the day of the first viewings. However, the new tenant doesn’t move in until 22 May, meaning that I have to pay over £450 in rent for May. I complained that their delay in re-advertising the flat, which they can’t justify, has cost me hundreds of pounds. The agent just responded that they don’t have any timescales for remarketing ... so basically tough titty for me. I feel completely ripped off, but helpless. The £180 fee plus the £450 rent = one months rent, so I would have been better off not ending the tenancy early and having access to the property (I handed back the keys on 5 May).

Further to this, I didn’t have hot water in the property from the date I moved in (5 December 2013) until 20 February 2013. I called the agent a couple of times to let them know that this was the case and asked if someone could look at my boiler. Unfortunately the only record of my calls to the agent is in my O2 bill which only shows that I called them on 20 January 2014. The agent didn’t take any action after that call, and I was too disctracted by my job to persistently chase them. My mum called them again on 10 February to complain that I still didn’t have hot water – eventually the boiler was fixed on 20 February. I asked the agent for compensation as the flat was not fit for human habitation when without hot water, but the letting agent denied that I called them (basically inferred that I was lying, as they allegedly always follow up any calls). I was going to let this matter go, but now that the agent is screwing me over with the final month’s rent, I feel like I should take it further.

I am yet to get my deposit back – it’s with a 3rd party though.

Can anyone offer any helpful advice ASAP please?

Thank you
D

Pixie5740

The hot water issue is a non-starter so don't waste your time on it.

You signed a contract with an end date of 5th June, the LL/LA didn't have to let you end the tenancy early but they were willing to providing you paid the fee for re-advertising and rent until a new tenant was found. Now I know LA aren't allowed to charge fees in Scotland so you might be able to do something about that. Shelter Scotland's website has some template letters you can use to reclaim fees.

In the meantime reclaim your whole deposit now from whichever scheme it's being held in.

I wouldn't necessarily say the LA has messed you around when you're the one wanting to end the contract early.

Frugal_Douglal

Thanks for the tips Pixie - appreciated.

Annabee

The letting agent took a fee to pay for remarketing the property, but let 2 weeks go by before they actually started doing that. Timing was vital and they knew this. So I would say the OP has been messed around a bit, yes. Although obviously it would have been better if the OP had paid the fee straight away when they agreed to it, but once the agency had the money they should have got right on to it.

Frugal_Douglal

I do feel messed around in that the agent completely ignored me for 2 weeks following payment of the fee, despite me making four attempts to speak to someone. They didn't apologise (not that I expected them to). It takes less than an hour to re-market a property online, not two weeks.

They didn't utter any apology for the huge delay in fixing the hot water situation either - it's not exactly ideal to have no hot water in mid winter. I had to boil the kettle to wash my dishes, which bumped up my electricity bill.

dimbo61

You need to type out a letter on the computer and post to both the letting agents and the Landlord on the day you noticed the hot water was not working. Send two copies from different post offices with proof of posting. Keep a copy yourself.
Do this as soon as a problem occurs.
You can follow this up with emails and phone calls but you NEED PROOF.
The problem was sorted within two weeks of your MUM calling them.
If I had no hot water I would take a kettle and bowl down to the Letting Agents and wash myself every day in the office. Use there electric and embarrass them into getting the hot water fixed.
PS I had an electric shower installed in our rental property just in case the gas central heating broke down.
If you are Too busy with work they will just ignore you.
You need to be a pain in the !!!

HelenRachel

I think your going to have to chalk this one up to experience. Personally I would have handed my notice in and then kept the tenancy until it expired as there's very little chance that they will let if out quick enough. I don't think they've been a pain about it but I don't think theres anything you can do about it!

Frugal_Douglal

Thanks for the replies. I've had so many differing opinions (offline) that I don't know whether to just accept it as experience or take it further - I'm not usually one to complain, but I feel quite frustrated with the situation as I really don't have money to throw away (recently graduated, on a poor graduate salary, financially independent).

Dimbo - I didn't ask my mother to intervene! I was unaware that she had called the agent until afterwards. I wish I had washed myself in the agent's office - I was too preoccupied with my new job (working 9-8pm most days) that I unfortunately didn't cover my a*se as well as I should have. All I have is the phone bill and the name of the girl I reported the problem to.

Pixie5740

You're just going to have to chalk most of this up to experience. An initial phone call to report a problem is fine but follow it up in writing too.

Have a look at Shelter Scotland's website. It's a great resource for learning about your rights and responsibilities as a tenant.

topdaddy_2

Frugal_Douglal wrote: »

Thanks for the replies. I've had so many differing opinions (offline) that I don't know whether to just accept it as experience or take it further - I'm not usually one to complain, but I feel quite frustrated with the situation as I really don't have money to throw away (recently graduated, on a poor graduate salary, financially independent).

Dimbo - I didn't ask my mother to intervene! I was unaware that she had called the agent until afterwards. I wish I had washed myself in the agent's office - I was too preoccupied with my new job (working 9-8pm most days) that I unfortunately didn't cover my a*se as well as I should have. All I have is the phone bill and the name of the girl I reported the problem to.

Not too sure you can "take it further".

wannabe_credit_free

You won't be able to reclaim your deposit while you are in financial dispute over your tenancy agreement.