Giving notice to agency company

Comms69

Tufa wrote: »

They told me in their last e-mail:

"With regards to ending the tenancy early, you have a break clause whereby you may give a minimum of 2 months’ notice to end the tenancy at any point after 4 months’ into the term (this means the earliest date you can give your notice is on 10th September 2018 to end your tenancy on 9th November 2018). Please note, this notice should also expire on the last day of a rental period which is the 9th of a month in your tenancy – for example, if you gave notice on 20th September, the tenancy would end on 9th December by ending on the 9th and giving at least 2 months’ notice.



Your tenancy also states on page 3 under clause 5 that should you invoke your break clause, you will be liable for agency fees which your landlord pays for the whole tenancy. These fees would be up to each annual period of the tenancy. This is calculated based on the number of months’ you are ending your tenancy early (up to each 12 month period). Your landlord pays 10%+VAT of the rental income for the tenancy annually in advance, you would therefore be liable for this fee for each month you are ending the tenancy within this annual period. For example, if you ended your tenancy on 9th December 2018, this is 5 months’ earlier than the end of this annual period. 5 months’ worth of rent is £7,150.00, and 10%+VAT of this is £715.00+VAT."

Almost a reasonable term too; shame the LLs decision to pay upfront is their problem, not yours.

SmashedAvacado

Comms69 wrote: »

Not strictly true.


The contract is with the landlord, but who gets the money is quite clear.

No - the money goes to the landlord in relation to what he expends with the agent. That's what the contract says, and that is what the contract means.

Tufa

Comms69 wrote: »

Almost a reasonable term too; shame the LLs decision to pay upfront is their problem, not yours.

So basically should try and fight and just do how G_M said, hand in the notice, don't pay any other fees and probably dispute it via TDS (yes it is protected).

Probably doesn't matter, but in the contract, the Landlord's address is actually the agency's address. The Landlord is living in Asia. This agency act as an Agent.
Based on the agreement, I could pay the money to the landlord or to the agent as well, however i do pay to the agent.

"2. The Rent
The Tenant shall pay to the Landlord or the Agent £1430.00 per month, ("the Rent") payable in
advance."

Comms69

SmashedAvacado wrote: »

No - the money goes to the landlord in relation to what he expends with the agent. That's what the contract says, and that is what the contract means.

Rent often is paid to the agent; whilst being owed to the landlord.


You're getting confused.

Comms69

Tufa wrote: »

So basically should try and fight and just do how G_M said, hand in the notice, don't pay any other fees and probably dispute it via TDS (yes it is protected).

Probably doesn't matter, but in the contract, the Landlord's address is actually the agency's address. The Landlord is living in Asia. This agency act as an Agent.
Based on the agreement, I could pay the money to the landlord or to the agent as well, however i do pay to the agent.

"2. The Rent
The Tenant shall pay to the Landlord or the Agent £1430.00 per month, ("the Rent") payable in
advance."

Only if you've seen a tax certificate, otherwise you would be obliged to retain some for HMRC (overseas landlord)

SmashedAvacado

Comms69 wrote: »

Rent often is paid to the agent; whilst being owed to the landlord.


You're getting confused.

I am pretty sure i am not confused.

The contract says that the tenant has to pay to the landlord a proportion of what has been spent by the landlord on paying the agent. So, the agents invoice goes to the landlord, if the landlord is indeed liable for anything, and the tenant is liable to pay the landlord that amount. The agent is trying to cut the landlord out of this - and i would be calling the agent on that.

Comms69

SmashedAvacado wrote: »

I am pretty sure i am not confused.

The contract says that the tenant has to pay to the landlord a proportion of what has been spent by the landlord on paying the agent. So, the agents invoice goes to the landlord, if the landlord is indeed liable for anything, and the tenant is liable to pay the landlord that amount. The agent is trying to cut the landlord out of this - and i would be calling the agent on that.

Call out whomever you want. The LL can decide where the money is paid. You don't get to do that.

Tufa

I've sent them the notice. Shelter also confirmed that this is an unfair term and I should not pay that fee, however they also said the landlord might need to take this to the court.

To be honest, we also had some issues in the begining, and they didn't meet a few of the agreed terms so I guess thats something I could bring up at the court if I have to... The terms for our offer was that we will have dishwasher installed, walls will be repainted (there was 92 issue overall as all the walls was covered with bluetac or pins/holes) and some electrical issues fixed, which didn't happen prior moving in, and tooks couple of weeks to sort it out with no any reimbursment.

Comms69

Tufa wrote: »

I've sent them the notice. Shelter also confirmed that this is an unfair term and I should not pay that fee, however they also said the landlord might need to take this to the court.

To be honest, we also had some issues in the begining, and they didn't meet a few of the agreed terms so I guess thats something I could bring up at the court if I have to... The terms for our offer was that we will have dishwasher installed, walls will be repainted (there was 92 issue overall as all the walls was covered with bluetac or pins/holes) and some electrical issues fixed, which didn't happen prior moving in, and tooks couple of weeks to sort it out with no any reimbursment.

I think you were expecting too much. Most lettings are 'sold as seen'

Tufa

Comms69 wrote: »

I think you were expecting too much. Most lettings are 'sold as seen'

They have agreed to fix or install these prior moving in, all in e-mails. I was just expecting on what we have agreed. Ended up installing the dishwasher by myself, hiring a painter (they have paid this back after a month atleast), but it took 2 months to sort out the non working bathroom lights..