Early Termination Agent fees.

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

    Early Termination Agent fees.

    My sons 18 month rental contract is due to end on the 17th November and the landlady has asked whether he would be willing to move out on the 27th October which he has agreed to do as he has found another property and is in fact moving into it on the 11th October. The letting agent is demanding £92.00 in lost commission as an early termination fee even though the incoming tenant will be moving in on the day that my son leaves meaning that there is no loss of commission. In addition, the landlady has asked for the early termination not my son although his contract clearly states: Should the property be re-let during the fixed term, the tenant will also be responsible for the repayment of any pro-rata commission fees that have been or will be incurred by the Landlord for the unexpired portion of the tenancy at a fee of 13.2% including vat ( 11% plus VAT) ..... is this legal?

    #2
    Should the property be re-let during the fixed term, the tenant will also be responsible for the repayment of any pro-rata commission fees that have been or will be incurred by the Landlord for the unexpired portion of the tenancy at a fee of 13.2% including vat ( 11% plus VAT)
    That is an agreement between the landlord and the tenant. There is no way the landlord can enforce that if the tenant is vacating at the landlord's request. Even if it were enforceable the agent cannot enforce it as he is (presumably) not a party to the agreement.

    Comment


      #3
      The rental agreement is handled by the agent ( a high street estate agent ) on behalf of the landlady and was signed in the presence of said agent, It seems that the agent is trying to coerce early termination fees from my son under the guise of lost commission on 21 days rent which surely is the landladys responsibility, especially as she has requested early termination. I suspect reading between the lines that she is not using the agent for the next incoming tenant thus the strong arm tactics by the agent for alleged lost income...should my son just ignore this demand for £92.00 as it seems to me to be unenforceable.

      Comment


        #4
        Originally posted by strapkass View Post
        ...should my son just ignore this demand for £92.00 as it seems to me to be unenforceable.
        Absolutely!

        Tell your son to tell the agent:

        (a) The clause is aimed at compensating the landlord if she loses out on commission
        (b) He has no locus standi to sue
        (c) To [complete as desired according to temperament]

        Comment


          #5
          thank you....

          Comment

          Latest Activity

          Collapse

          Working...
          X