Early surrender- agent doing nothing

starting_again_in_the_sun

Hi all,

Little bit of a confusing situation so sorry if anything isn't clear.

We wanted to leave our rental contract early due to buying a property; agents agreed if we paid a £500 marketing fee. We paid at the end of March, and they have done nothing. They apparently had one viewing but we had no feedback. The property is also marketed as being available after the end date of our tenancy in a few months. I brought this to their attention, but they said they can't change it.

Furthermore, our contract is with a managed service that has recently been taken over by a different agent and seems to no longer exist.  I have asked the agent for the details of the LL, but they refused and said the LL doesn't want to be contacted.

Any advice? Should we make a complaint now? Or wait until they potentially take us to court for rent arrears?

Thanks!

anselld

Do you have in writing that they have agreed a surrender in exchange for the £500 marketing fee?  Why would they be claiming rent arears if the surrender has been agreed?   What they do with the property after the surrender date is of no concern to you.

FlorayG

If you have it in writing that you were allowed to surrender early in exchange for the fee, and proof that you paid the fee, that's the end of the matter as far as you are concerned. If they can't let it again until the end of the original tenancy date that's their problem; you have proof that you ended the tenancy early on agreement.
What exactly is it that you think gives you basis for a complaint? Are they asking now for rent arrears?

starting_again_in_the_sun

Yes, they are asking for the rent until the property is relet.
They said we would be liable until a new tenant is found. But that this 'should takes 2-3 weeks'. That was 7 weeks ago 

Myci85

Did they agree to an early surrender on a set date, or was the agreement that IF they found a new tenant before the end of your tenancy they would end your contract early? 

If the latter, I'm not sure there's anything you can do, you can't really prove they've not tried to find a new tenant, and you signed a contract to the end date, they didn't have to agree an early surrender unfortunately. 

anselld

So it sounds like you have been stitched up with that agreement.  I would certainly be insisting they change the availability to your proposed leaving date.  ( Do you have a fixed date).  It is complete BS that they cannot change the advertised availability but if you have not given them a fixed date then that is a different matter.  

starting_again_in_the_sun

Yes unfortunately it was if they found a new tenant.
But surely, it's an unauthorized fee to charge us for remarketing after the contract ends date? 
And I thought they legally had to provide the landlord's contact details? 

FlorayG

starting_again_in_the_sun said:

Yes unfortunately it was if they found a new tenant.
But surely, it's an unauthorized fee to charge us for remarketing after the contract ends date? 
And I thought they legally had to provide the landlord's contact details? 

Oh yes they're stitched you up. It seems you are liable for the rent until a new tenant is found and as they are getting the rent paid why should they bother? I thought they had agreed to let you out early in exchange for the marketing fee. NO, they can't charge you a fee for marketing after your end date; they should be marketing it now as 'available immediately'
I think the LL actual address does not have to be available - only an 'address for correspondence' which is the agent. You can write to the LL c/o them

anselld

starting_again_in_the_sun said:

Yes unfortunately it was if they found a new tenant.
But surely, it's an unauthorized fee to charge us for remarketing after the contract ends date? 
And I thought they legally had to provide the landlord's contact details? 

They need to provide landlord details if you request in writing quoting section 1 of the housing act.

starting_again_in_the_sun

Thanks everyone.

Would you suggest making a complaint now?  Or waiting to see what happens? 

As our contract is with a company that no longer exists should we have been notified of a change? I believe the LL is now the owner (who previously subletted to management company), but have had no correspondence regarding this. Deposit is still protected under management company name and with the wrong end date! 

saajan_12

starting_again_in_the_sun said:

Yes unfortunately it was if they found a new tenant.
But surely, it's an unauthorized fee to charge us for remarketing after the contract ends date? 

Correct, they can't charge you excessive fees to terminate early under the Tenant Fees Act 2019, which in this case would mean charging you more than what the rent would have been up to the end of the contract. Charging you rent up to the end of the contract plus the marketing fee would exceed your max rent. 

So that's the worst case sorted. Usually an agreement for marketing fees + rent until new tenant starts is common and something you just have to deal with, but here I think you have an argument. You've effectively contracted with the agent to market a property for the £500 to find someone to take over your rent. They should be following those reasonable instructions, ie start date now not in several months time. 

I would write to the agent instructing them to market the property correctly, including changing the date and passing on all viewing requests. If they dont within 7 days, you will consider they are not actively marketing and may cause the property to not be relet in a reasonable time. For which you will be seeking the return of the marketing fee and a filing a complaint, expecting them to reimburse [x] months rent. 
WARNING: This is a reasonable argument but not a slam dunk.