Can Foxtons charge me 13% rent even if they rent the place out? I want to leave a tenancy early

goatelope16

Hello everyone,

I rented a place earlier this year, in January 2019 and the contract is for one year. However, the property is unsafe and I have also experienced some harassment from the landlord.

I checked the contract and it says that if I leave early, and even if they rent the place out, I have to pay Foxtons 13% rent.

I wonder if anyone knows if charging me a fee like this would now be illegal, given the new rules about estate agents charging admin fees etc.

It seems really punitive.

Gycraig

Seems punitive ? Alternately they could just keep the proper empty and sue you for the money, seems overly generous to me

AdrianC

13% of the rent for what period?

For a month? For a year? Until the end of the fixed term?

13% of a month's rent is a bit over two days' worth. From now until January, the end of your contract, is about six months - so around a fortnight's worth of rent.

I'd say there's a more than reasonable chance that you wanting to break your contract has incurred at least that amount of cost and hassle for the landlord - who would be perfectly entitled to seek redress for his actual costs, including any void period and his fees, as part of agreeing to allow you to leave the contract early. A flat 13% in lieu of calculating actual losses seems quite cheap for you.

Although, since this is Foxtons', I do wonder if it can possibly be that simple...

00ec25

so you want to claw your way out of a legally binding contract that you were not forced to sign by alleging anything that comes to mind as a way for you to break it?

no, the penalty clause was in the contract when you signed it and remains enforceable as it has nothing to do with "lettings fees" - which are anyway still allowed (for a transition period) if they were in a contract you signed before the law changed.

you have been told up front via the clause what the terms are for a mutual surrender of the contract ("get out early" in your words). Trying to find grounds from your side which allege the contract has been broken by the LL will get you no where when the contract sets out quite plainly that you can go when you want, but on those terms .

muhandis

Unfortunately, the new rules around fees only apply to tenancy contracts signed after 1 June 2019.

If the property is unsafe and the landlord is refusing to rectify it, please see Shelter guidance to see what you can do. https://england.shelter.org.uk/housing_advice/repairs/how_to_complain_about_an_unsafe_home

As it’s Foxtons I’m assuming you’re in a zone 1-3/4 London borough. Almost all have pretty strict landlord licensing requirements that stipulate minimum property standards over and above legal requirements. Which borough are you in?

goatelope16 wrote: »

Hello everyone,

I rented a place earlier this year, in January 2019 and the contract is for one year. However, the property is unsafe and I have also experienced some harassment from the landlord.

I checked the contract and it says that if I leave early, and even if they rent the place out, I have to pay Foxtons 13% rent.

I wonder if anyone knows if charging me a fee like this would now be illegal, given the new rules about estate agents charging admin fees etc.

It seems really punitive.

gettingtheresometime

goatelope16 wrote: »

Hello everyone,

I rented a place earlier this year, in January 2019 and the contract is for one year. However, the property is unsafe and I have also experienced some harassment from the landlord.

I checked the contract and it says that if I leave early, and even if they rent the place out, I have to pay Foxtons 13% rent.

I wonder if anyone knows if charging me a fee like this would now be illegal, given the new rules about estate agents charging admin fees etc.

It seems really punitive.

Is the place unsafe or have you now decided to buy?

goatelope16

I'm not ready to buy yet, but there has been ongoing harassment from the landlord and also the front door isn't secure, so I was wondering about finding another rental.

goatelope16

This is a rude and fictitious response, so I won't bother responding.
I've a long list of evidence of harassment from landlord as well as unsafe property.

AdrianC

"Unsafe" in what way?
"Insecure" (by what standard?) front door is not the same as unsafe.

Did the door's security change between when you viewed and when you agreed to take the tenancy?

BrownTrout

So I'f he has harassed you then I assume you have started a claim against him in the county court or reported it as a crime ?

Slithery

If you can't give us any specific information on how your LL has breached the tenancy then the only advice that we can give you is pay up, it's a good deal - your LL could claim full rent until the tenancy has ended.