Updating post from Reddit.
I’m currently living in a flat in Bournemouth, England that has a 1 year contract with a 6 month break clause, the tenure of which has already been served. The break clause has a 2 month notice period. The problem is I want to move to another flat at a month’s notice. When I informed this to my estate agent, they said that if I want to leave early (that is after 1 month, instead of the 2 months mandated by the notice period) I need to pay £600 as re-letting fee. On top of that I need to continue paying rent and bills till the day the new tenant moves in. There is always the risk of no new tenant moving in before my notice period ends, in which case this becomes a huge risk.
I asked for contact details of my landlord, but the estate agent is not providing it to me, which I believe is illegal since they are obligated to do so. I think the amount of £600 is unreasonable, and I am not sure how they can charge something as high as that. So I am looking for a workaround, or a way to get out of this extremely tricky situation. They are saying that it is a favour they are extending to me by allowing me to leave my flat before the notice period of 2 months ends, which is ridiculous.
I am kinda out of ideas and lost, so I would really appreciate ideas and suggestions on this. TIA.
Option 1 - Give 2 months notice and pay the rent option 2 - Pay the fees incurred to find and relet to a new tenant and the cost until it's found (or 2 months notice, whichever is sooner)
As for who pays the £600 usually, it's the costs the agency would charge the landlord and varies by agency. Sometimes it's a fixed fee, sometimes it's the first month rent with a minimum or maximum value.
You're not being scammed, the way around it is to provide the notice.
Sorry if it's just bad news that you didn't want.
Edited to add the below.
https://www.hunters.com/fees/manchester-landlord-fees/
There's an agency fee list for one agency in Manchester, hope it helps.
Remember the agency fees ban for tenants just meant the costs were pushed to landlords who then push it to tenants via higher rents.
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I don't know what to say to you, this isn't a banned fee if that's what you're thinking.
If you leave a tenancy early then either pay the full rent until your notice period is up, or negotiate which will always be ensuring the landlord and agency aren't out of pocket as you're the one asking.
Sorry if you don't agree with it, I'm just sharing the facts.
No you can’t demand the rent paid in lump sum upfront, gov guidance which Trading Stand enforcement would follow:
Op said “tenure has been served” so am assuming they’re now in a periodic tenancy.
They aren't demanding rent in a lump sum according to OP
I’m addressing your comment about full rent being paid. You must pay your rent as you would normally do until either the NTQ or term expires but for the avoidance of doubt making in clear in this thread a tenant mustn’t be led to pay rent in lump sum up front to surrender the tenancy.
You pay rent up until a new tenant is found or the expiry of your notice period. I think we both agree there.
OP is talking about reletting fees that can be charged if the costs are incurred as long as the landlord and agency can evidence them as per the act.
I'm going to leave it there.
Yes I think we agree on how rent is to be paid but you can’t charge £600, read the case study I shared. You need to prove losses, and if losses haven’t been incurred then it’s not a loss.
For a loss to exist it has to have been lost. Try litigating a loss that never happened 👍🏽
I think that is kind of normal you are liable for the notice period which is 2 months so if you leave a month early you owe them a month. Rent reform is changing this to 1 month I believe.
What if I find a replacement tenant myself? Just to take over from the day I leave the flat? Saves “re-marketing”
Is this the whole place a replacement will need to pass all the checks such as rent checks, guarantor, references etc. it's usually a house share option to find a replacement not when it's a full ast agreement. This is why the landlord pays the agent to make sure the tenants are fully vetted. You might be able to come to an agreement with the agent but someone will have to pay the fees for these checks and if you are under contract that will most likely be you.
Yes, it is a 1 bed flat. Not a house share. Thanks for explaining this. What I wish to understand is that who pays this amount once I’ve served my notice period and moved out? If I am not having to pay in that case, is there a possibility of me not incurring that cost now? Especially since I’ve already served the 6 months of my break clause?
If you have a replacement for the month ask if you can sublet it for the interim period.
Seems like the agent will just drag money out of you regardless tbh. Not an ideal situation
If you stay the entire notice they can't claim anything from you so it would then be down to the landlord to instruct the agents again and it's a them problem for payments. Someone else messaged about subletting for the remainder of that month but I doubt the agents/landlord would do that because it then becomes a problem if that tenant outstays the 1 month.
If your tenancy/ast rent has expired your tenancy becomes periodic.
Read this as to how to end a periodic tenancy.
Agent isn’t doing you any favours. You serve a notice as per NTQ rules.
You can leave at any point the NTQ mean your tenancy obligations stop at expiry of the notice.
Agent is acting in bad faith by the sounds of it.
£600 re-letting fee is not reasonable cost and contrary to the provisions of the Tenant Fees Act 2019. You should seek independent advice, it’s not a permitted payment.
Please check the act you refer to, we need to give accurate advice.
Page 56 of the government guidance is here https://assets.publishing.service.gov.uk/media/5f745d308fa8f5189a93d141/Tenant_Fees_Act_2019_-_Guidance_for_landlords_and_agents.pdf
It is not a prohibited payment, the act specifically allows it.
It needs to cover “losses” or be reasonable costs.
Latest case law on this suggests reasonable is £50 and if litigated a court would need evidence of exceptional circumstances to for to be higher.
If you read your own link post you would be writing that.
