Reletting fees and ending tenancy

Kary2500

Hi, we recently moved out of our rented house for which we were in a fixed term agreement. This term ends on September 23rd. We were asked to pay a reletting fee of nearly half our monthly rental payment, which we did. When I asked the agency what happens if they don’t find anyone within the fixed term, they told me they will find someone and worst case scenario they will refund the money to us. They had someone interested in the property and was meant to move in next week. However that has now fallen through. Has anyone has any experience where they’ve paid the reletting fee and then changed their minds and or had no one move in. My agency is being really horrible and they constantly say they are doing us a favour. I’m just feeling very frustrated at all of this and the amount of money we are losing because of this.

G_M

Kary2500 wrote: »

Hi, we recently moved out of our rented house for which we were in a fixed term agreement.
1) did you initiate a Break Clause and if so how, or
2) did you request an Early Surrender and if so were the conditions clear and in writing?

This term ends on September 23rd. We were asked to pay a reletting fee of nearly half our monthly rental payment, which we did.
3) do you mean half one months rent, or half the rent for each remaining month?

When I asked the agency what happens if they don’t find anyone within the fixed term,
4) so was replacing you part of the conditions for the ES? What exactly was agreed?

they told me they will find someone and worst case scenario they will refund the money to us.
5) I don't understand. If they don't find a replacement they will refund all your money and allow you to Surrender the Tenancy at zero cost? Leaving the landlord out of pocket? I'm......... surprised!

They had someone interested in the property and was meant to move in next week. However that has now fallen through.
OK.There are many reasons why this can happen. Tenant changes their mind; fails credit/reference checks etc

Has anyone has any experience where they’ve paid the reletting fee and then changed their minds
so you are changing your mind?
If you and the LL have agreed an Early Surrender you can only change your mind if the landlord agrees.

and or had no one move in.
depends entirely on the terms agreed for the Early Surrender. I can't see or read it so cannot comment.

My agency is being really horrible and they constantly say they are doing us a favour.
they are right! You signed a contract which does not expire till 23rd Sept!

I’m just feeling very frustrated at all of this and the amount of money we are losing because of this.

I'm afraid if you sign a contract you are making a legal commitment. If you later wish to get out of that commitment, you need the LL's consent, and that usually comes at a financial cost.

If you pre-book/pay for a hotel, and later cancel, there is (usually) a cancellation fee.

Same with an insurance policy, a new bed or car etc (subject to statutory 'cooling off' pwriods which might apply).

Comms69

Kary2500 wrote: »

Hi, we recently moved out of our rented house for which we were in a fixed term agreement. This term ends on September 23rd. We were asked to pay a reletting fee of nearly half our monthly rental payment, which we did. When I asked the agency what happens if they don’t find anyone within the fixed term, they told me they will find someone and worst case scenario they will refund the money to us. They had someone interested in the property and was meant to move in next week. However that has now fallen through. Has anyone has any experience where they’ve paid the reletting fee and then changed their minds and or had no one move in. My agency is being really horrible and they constantly say they are doing us a favour. I’m just feeling very frustrated at all of this and the amount of money we are losing because of this.

They are doing you a favour.


If you don't like it, simply pay the full rent until the end of the fixed term (and council tax and bills ofcourse)

saajan_12

Kary2500 wrote: »

Hi, we recently moved out of our rented house for which we were in a fixed term agreement. This term ends on September 23rd. - was there a break clause (and what did it state?) or did you agree a mutual termination (and what did you agree?)

We were asked to pay a reletting fee of nearly half our monthly rental payment, which we did. - is that in addition to normal rent until a tenant is found, or is half rent payment final?
When I asked the agency what happens if they don’t find anyone within the fixed term, they told me they will find someone and worst case scenario they will refund the money to us. - If your only agreement was to pay half a months rent, then why does it matter to you? Why would the LL agree to lose rent from you and lose a reletting fee to the LA if no tenant is found? Or do you mean you would be paying rent until the end of the fixed term or until a tenant was found, PLUS the half month reletting fee?
They had someone interested in the property and was meant to move in next week. However that has now fallen through. Has anyone has any experience where they’ve paid the reletting fee and then changed their minds - who's changed their minds: you or the LL? and or had no one move in. My agency is being really horrible and they constantly say they are doing us a favour. - They or the LL have allowed you to alter a legally binding contract and get out of your obligations at a certain price. They ARE doing you a favour.
I’m just feeling very frustrated at all of this and the amount of money we are losing because of this. - Lets be clear, you're losing money because you agreed to a fixed term and then want to change that. Not because of anything the LL / agent is doing.

Please clarify exactly what was agreed for the break clause / early termination. If you're paying ongoing rent plus a fixed fee for their costs / hassle to relet, then I agree FAIRLY this should be capped at the total rent for the rest of the fixed term.

However if you CONTRACTUALLY AGREED something else as part of an early termination or break clause then you are now bound by that.