1 year letting contract ends

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

    1 year letting contract ends

    Hi there,

    Can anyone tell me exactly if the estate agent is right to invoice me for another year contract because the tenant returned to my flat after she left and had her deposit back from the estate agent.

    I signed a letting contract (find a tenant only)contract july 2007 for one year ended july 2008 with an estate agent.

    The story is:

    My tenant terminated her contract this year in july by writing to the agency as well and myself after her 12 months contract had expired as her intention was to leave with her boyfriend at a different property.

    After a week she moved out of my property, she contacted me asking me if she could return to my place until she would find another accommodation since her plan with her boyfriend did not worked out.

    She has got a young child and I have let her return to stay at my place as a gesture of kindness until she will find a suitable accommodation. She does not have any terms of business contract with me she is now there as a friend.

    A few days later, the agent simply came at my flat knocking at the door of my property and found the she was there as they have made her sign a recorded letter to prove to them that she was still there.

    I then receive a letter from the estate agent asking me the 11% commission which is 1550,00 for another year contract. I told them that was not right because that was a simply coincident that she was there and that was not their business if she came back because she terminate her contract with them, but, they insist saying that I have originally signed a contract that i will liable to pay them commission if the tenant continue to stay over the years.


    I said to them that i did not signed anything to continue a contract with them, and that my tenant is in my flat without the contract but as a friend and looking for a suitable flat.

    To cat the story short, they are now taking me to court.
    Is this right? should i give them the 11% commission without them doing nothing?

    Note also, that thery did not found this tenant for me. They were living above my flat they knew my previous tenant were leaving and they wanted to move to my flat and because they were register with the agency, i ask them to make the swap down to my flat trough the agency, silly me!

    I think, it was unacceptable thing to do by the agents as it is not a proof of any continuation of staying is it?

    if someone can give me an answer to this i will very much approciate it.

    Thanks a lot

    gaby

    #2
    Defend the court action against you and take your ex-tenant/friend with you. The OFT are taking court action against Foxtons on this very issue and you can find it by putting OFT v Foxtons into your search engine.
    The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

    Comment


      #3
      Thank you for answering my question.

      Gaby

      Comment

      Latest Activity

      Collapse

      Working...
      X