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Giving notice to agency company
Comments
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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.
Be careful about mentioning this kind of stuff. If you're thinking of going to court you'll need to be a fairly forensic in the evidence you provide.
It sounds like your claim will be that the break clause in your AST is unfair.
The absence of a dishwasher in the flat isn't evidence that a break clause is unfair.0 -
Their reply:
"Thank you for your email. I am unsure on the specifics of the clause you have been advised is unfair as we do have a break clause which is applicable to both the tenant and the landlord. The second paragraph regarding the fees relating to you using your break clause is not the break clause specifically, but a term that we have. The landlord has already paid the fees in advance, therefore he would not need to pay these fees again if he were to serve you notice. The reason you are charged these fees is to ultimately reimburse the landlord for the fees so they are not penalised for you using your break clause. This charge will continue to be claimed from your deposit."0 -
Their reply:
"Thank you for your email. I am unsure on the specifics of the clause you have been advised is unfair as we do have a break clause which is applicable to both the tenant and the landlord. The second paragraph regarding the fees relating to you using your break clause is not the break clause specifically, but a term that we have. The landlord has already paid the fees in advance, therefore he would not need to pay these fees again if he were to serve you notice. The reason you are charged these fees is to ultimately reimburse the landlord for the fees so they are not penalised for you using your break clause. This charge will continue to be claimed from your deposit."
Dear Mr agent,
The financial aspect is what I refer to as, legally, unfair. The landlord would not pay a proportionate fee to the tenant, to compensate for moving costs for example.
Why would one party be required to compensate another, but not the reverse?
Perhaps alternate dispute resolution would be best.
Kind regards
Tenant0 -
If rent is paid to a UK-based agent, then that agent answers to HMRC, not the tenant.Only if you've seen a tax certificate, otherwise you would be obliged to retain some for HMRC (overseas landlord)
The tenant may only become liable to HMRC if paying an overseas landlord directly.0 -
Thank you. I will send them this now but I think I should just let it sink and do it through the TDS dispute.Dear Mr agent,
The financial aspect is what I refer to as, legally, unfair. The landlord would not pay a proportionate fee to the tenant, to compensate for moving costs for example.
Why would one party be required to compensate another, but not the reverse?
Perhaps alternate dispute resolution would be best.
Kind regards
Tenant0 -
Dear Mr Agent.Their reply:
"Thank you for your email. I am unsure on the specifics of the clause you have been advised is unfair as we do have a break clause which is applicable to both the tenant and the landlord. The second paragraph regarding the fees relating to you using your break clause is not the break clause specifically, but a term that we have. The landlord has already paid the fees in advance, therefore he would not need to pay these fees again if he were to serve you notice. The reason you are charged these fees is to ultimately reimburse the landlord for the fees so they are not penalised for you using your break clause. This charge will continue to be claimed from your deposit."
The landlord's contract with yourselves is entirely a matter between you and him.
The Break Clause, and its terms, are laid out in the contract between the landlord and myself.
If I as tenant implement the Break Clause, the contract requires me to pay the landlord a fee.
If the LL implements the Break Clause, he does not have to pay me a corresponding fee. That is an unequal Break Clause, and would thus not be legally enforcible.
( I repeat, that any fees due or paid by the landlord to yourselves fall outside the scope of my contract with my landlord).
But to be honest I see little point in sending this. It will simply become a tit-for-tat exchange and reach no conclusion.
Deal with their fee if/when they acually claim it. Ideally, force them to have to claim it off you, rather than you having to claim your deposit back from them.......0 -
Can I just ask what do you mean claim it off you rather than claiming from my deposit?Deal with their fee if/when they acually claim it. Ideally, force them to have to claim it off you, rather than you having to claim your deposit back from them.......
Never had to deal with TDS disputes so not sure how it works. As far as I know I have to agree on the dispute before they can actually deduct, so I can put a stop on there.0 -
Well I was trying not to say out in so many words but.....Can I just ask what do you mean claim it off you rather than claiming from my deposit?
Never had to deal with TDS disputes so not sure how it works. As far as I know I have to agree on the dispute before they can actually deduct, so I can put a stop on there.
If, when the tenancy ends, you owe them money, perhaps equal in value to the deposit (eg rent?), then they'll use the deposit to cover that debt. They will then have to pursue you separately for the fee.
If on the other hand you have no outstanding debts (rent up to date, no damage etc), then you will have to pursue them for your deposit which they will attempt o keep hold of....
(can't believe I'm suggesting this....)0 -
Well I was trying not to say out in so many words but.....
If, when the tenancy ends, you owe them money, perhaps equal in value to the deposit (eg rent?), then they'll use the deposit to cover that debt. They will then have to pursue you separately for the fee.
If on the other hand you have no outstanding debts (rent up to date, no damage etc), then you will have to pursue them for your deposit which they will attempt o keep hold of....
(can't believe I'm suggesting this....)
I won't have any due payment to them as I will pay my last month rent in November which will cover until the end of tenancy (ie the rent is paid in advance). There won't be any damage either that they could claim, we were and are good tenants. So unfortunately I won't be able to "withhold" this money from them.
I have gave them 14 days to release the money (from TDS last time -this year- got the deposit back within 5 days after we moved out) so I assume they will try to dispute after that. Luckily we are all settled with the new house purchase so the deposit would go into savings and sort of not an issue if i have to wait for TDS or the court to decide.
I still hope for the best and maybe no need to do any fight to get this settled..0
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