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Letting Fee

My previous tenants agreed to pay a new letting fee so they could leave their existing tenancy early. They have subsequently left the property but have still not paid the letting fee although I have this in various emails as a promsie to do so.

I am in the process of taking them to court for various other rental breaches (smoking, pet damage etc) and as a result the claim against them has been submitted via MCOL.

They have not disputed the letting fee in their counter claim (expecting me to pay for lost key fobs to electric garage door!), yet deny they owe me any money.

They also refused any mediation to settle out of court via the DPS and I have an email where they state they will refuse any form of mediation.

How would I fair re costs, as I am aware small claims do not often award costs, but my point would be that wewould not necessaruly be in this position if they had agreed mediation, and also they have denied owing me any money in the defence but have not disputed the letting fee, so they do in essemce agree they owe me money for this, so therefore my claim is valid without dispute on that front.
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Comments

  • mrginge
    mrginge Posts: 4,843 Forumite
    Surely you should know all about this with your 100 properties?
    What do your legal team have to say?
  • princeofpounds
    princeofpounds Posts: 10,396 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Small claims costs are not large.

    And it is the costs of solicitors that are typically not awarded.

    Ask for them, give you reasons, you may well get them assuming you don't bother with a solicitor.
  • Trebor01
    Trebor01 Posts: 234 Forumite
    You are just as annoying and stupid as the rest. Nothing to add then put a sock in it.

    And yes I do own over 100 properties now thanks a lot, why do you all get so jealous. Why would I have a legal team?

    Tell you what go and annoy someone else with your baby comments.
  • Voyager2002
    Voyager2002 Posts: 16,349 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Under the circumstances you describe, the demand for a letting fee would be seen as an unfair term and so not enforceable. If the judge notices it, he will probably strike out the whole of your claim as a result.

    I suggest that you let this one go, and concentrate on maximising your return from the rest of your properties.
  • densol_2
    densol_2 Posts: 1,189 Forumite
    I posted this on one of your many numerous threads asking for advice - I don't understand. You claim to have 100 properties and even on a ridiculously low estimate at £30k each - that's £3 MILLION pounds! How can someone with that level of investment ask such basic questions as you have on an Internet forum ?( I did a search - the decorating one was a classic ! ) Surely with the income you are generating you would have a qualified legal advisor to run these relatively straightforward problems by ? If not why not ? Surely much better than getting advice on the cheap off a forum ? Bizarre doesn't even describe it :)
    Stuck on the carousel in Disneyland's Fantasyland :D

    I live under a bridge in England
    Been a member for ten years.
    Retired in 2015 ( ill health ) Actuary for legal services.
  • topdaddy_2
    topdaddy_2 Posts: 1,408 Forumite
    densol wrote: »
    I posted this on one of your many numerous threads asking for advice - I don't understand. You claim to have 100 properties and even on a ridiculously low estimate at £30k each - that's £3 MILLION pounds! How can someone with that level of investment ask such basic questions as you have on an Internet forum ?( I did a search - the decorating one was a classic ! ) Surely with the income you are generating you would have a qualified legal advisor to run these relatively straightforward problems by ? If not why not ? Surely much better than getting advice on the cheap off a forum ? Bizarre doesn't even describe it :)

    Why keep spamming the threads? You havent an answer, you probbably aint getting one. The OP might be a fantasist or legit. But the info contained in the answers will be useful to others so why try to sabotage it?
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 28 August 2014 at 7:55PM
    I agree with previous posters.

    A professional landlord with an investment portfolio of this size should not be relying on an amateur internet forum for advice.

    Particularly one dedicated to consumers (ie tenants). Yes, we do assist landlords as well to some extent, but that is mostly where amateur landlords, or those forced by circumstances into letting their homes, get into difficulty.

    Rethink your business approach. Seek professional advice, or rely on a dedicated landlord's forum or landlord's association.
  • densol_2
    densol_2 Posts: 1,189 Forumite
    topdaddy wrote: »
    Why keep spamming the threads? You havent an answer, you probbably aint getting one. The OP might be a fantasist or legit. But the info contained in the answers will be useful to others so why try to sabotage it?

    Spamming threads ? !!!!!! ? The answer I gave is to get a professional advisor ! What answer have you actually given ?
    Stuck on the carousel in Disneyland's Fantasyland :D

    I live under a bridge in England
    Been a member for ten years.
    Retired in 2015 ( ill health ) Actuary for legal services.
  • chanz4
    chanz4 Posts: 11,057 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Xmas Saver!
    If they dispute the claim, its upto you to provide evidence and as others have said a reletting fee is your issue not the tennants
    Don't put your trust into an Experian score - it is not a number any bank will ever use & it is generally a waste of money to purchase it. They are also selling you insurance you dont need.
  • jjlandlord
    jjlandlord Posts: 5,099 Forumite
    Under the circumstances you describe, the demand for a letting fee would be seen as an unfair term and so not enforceable.

    Quite the opposite.
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