Huge remarketing fee?

PaulJones77

We where househunting towards the end of our tenancy and the agents where aware we wanted to move. Unfortunately we where having no luck as properties where going instantly. So we felt we had no choice but to re-sign a new contract or face homelessness. We did manage to negotiate from the two year they pushed for to one year with a six month break clause. However, the week we signed we where accepted for a house we loved. On good terms with the Landlady, we called her and she agreed to release us once they had a new Tennant. We moved out and the agent has a new tenant ready to move in. Now the agents are demanding £700 remarketing fee. Surely this can't be right?? 

Hoenir

If you've moved out and the new tenant hasn't moved in. Then the LL is suffering a financial loss of a lack of rent and the cost of finding a new tenant. Contractually you were on the hook for far more than £700.  Rarely in business life are there free lunches. Did you discuss with your LL the finer details?

swingaloo

Your mistake was signing a new contract, there was no need at all to do that. Your tenancy was not ending, it was the fixed term that was coming to an end and the tenancy would just have become a rolling tenancy. It would have given you ages to find somewhere to live as the landlord would have had to serve you the correct notice. The landlady and agent have stitched you really and now you are in this position.  What does your tenancy agreement say about fees if you are released from a fixed contract early?

PaulJones77

They told us we couldn't have a rolling tenancy and had to sign a contract? 

PaulJones77

There was no lack of rent to the landlord as we continue to pay rent until a new tenant moves in, even though the property was vacant

PaulJones77

Hoenir said:

If you've moved out and the new tenant hasn't moved in. Then the LL is suffering a financial loss of a lack of rent and the cost of finding a new tenant. Contractually you were on the hook for far more than £700.  Rarely in business life are there free lunches. Did you discuss with your LL the finer details?

New to this so didn't know how to reply. We didn't expect a 'free lunch' and have continued to pay rent while the property was vacant. There was no mention of fees by the landlady, just she was sorry to see us go and she was happy to end the agreement once a new tenant was in. We certainly weren't expecting an extra 700 to pay out

anselld

PaulJones77 said:

They told us we couldn't have a rolling tenancy and had to sign a contract? 

They lied.  However that is water under the bridge.

How much is the monthly rent?  An agent fee for a tenant find of one month rent would not be unusual.  The terms of early release should really have been agreed in writing but again, too late now.

swingaloo

PaulJones77 said:

They told us we couldn't have a rolling tenancy and had to sign a contract? 

They lied, at the end of a fixed period the tenancy automatically defaults to a rolling one. They cannot make you sign a new fixed term. Too late now but a quick Google would have explained that to you. 

PaulJones77

swingaloo said:

PaulJones77 said:

They told us we couldn't have a rolling tenancy and had to sign a contract? 

They lied, at the end of a fixed period the tenancy automatically defaults to a rolling one. They cannot make you sign a new fixed term. Too late now but a quick Google would have explained that to you. 

Well my partner has just told me that when the landlady agreed to release us, she was called by the state agent who stated that there was no need for the agent to sign the contract, they'd treat it on a monthly basis until a tenant was found which to me says there was no contract? 

swingaloo

But in your opening post you said that you had signed for another 12 months?

Qhat has your landlady said about you paying £700? The agent works for the landlady so she should be in control.

diggingdude

If you've signed a new contract you will have to pay to break the lease. If you haven't signed your new contract then you're month to month and don't need to pay anything.