Early Termination?? Help anyone!!!

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    Early Termination?? Help anyone!!!

    Can anyone advise on this???
    My sister in law has rented a property from a private landlord (supposedly a friend of the family) Her plan was to only rent for 6 months and vacate the property and relocate more locally to us. We have found her a property by us and she gave the LL a months notice which the LL accepted without mention of any early termination penalty.
    Now as she's 2 weeks into the notice the LL has text her and said that she MUST pay this ET fee which she says is £350 (tenancy officially ends in April)
    LL has said this figure SHOULD be £950 (because of an agents fee)
    Now there was never an agent involved with this and I'm awaiting an E-Mail of a copy of her TA so I can check it over.
    Can anyone let me know if this is legal and where SHOULD i find it in the TA if indeed it's in there??
    Many Thanks For your help on this one!!

    Gareth
    Ambition is Critical

    I don't profess to be a knowledge in all areas, my advice is based on life experience.

    #2
    I'm bumping this to see if anyone could help.
    Ambition is Critical

    I don't profess to be a knowledge in all areas, my advice is based on life experience.

    Comment


      #3
      The Landlord is only allowed to mitigate his losses and so should only charge for advertising for a new tenant and referencing that tenant and any rent that is due during the time the property is empty. I would ask the LL for a breakdown of this £350.
      GOVERNMENT HEALTH WARNING: I am a woman and am therefore prone to episodes of PMT... if you don't like what I have to say you can jolly well put it in your pipe and SMOKE IT!!

      Oh and on a serious note... I am NOT a Legal person and therefore anything I post could be complete and utter drivel... but its what I have learned in the University called Life!

      Comment


        #4
        Many thanks just.
        I'll let her know!!!
        Gareth
        Ambition is Critical

        I don't profess to be a knowledge in all areas, my advice is based on life experience.

        Comment


          #5
          Can I ask then, if the LL has specified that they should be able to let the property following the 'check out' does she have the right to request a copy of advertising costs or agents costs to prove this money for 'readvertising' has ACTUALLY been spent. We think this has been a 'word of mouth' rental rather than an actual advertisement or an agency involvement.
          And can this dispute warrant the LL holding the security deposit for this or should the security deposit be refunded and then this be argued at a later date??
          She obviously needs the deposit back to pay her new deposit at the new house!!!

          Gareth
          Ambition is Critical

          I don't profess to be a knowledge in all areas, my advice is based on life experience.

          Comment


            #6
            Just bumping this thread as I wish to add to it.

            My sister in law has said that the LL had said 'don't worry about it' 'we'll sort it out nearer the time' when she gave a months notice. Is this verbal agreement still classed as a 'mutual release of tenancy'

            Also, there has been no written confirmation that the notice has been 'accepted', no letter to arrange a 'check out' and no further communication from the LL.

            As I said in the previous post the LL has determined that she will withhold any deposit to pay for readvertising the flat. She has stated that she has spent £350 instructing the agent and this is a fair figure becase it 'should' be £950. She won't tell my S-I-L the name of the agent!!!
            My questions are thus,
            In the 3 weeks that this has been going on there have been NO calls or arranged viewings on this flat and nothing from the 'new' agent.
            Surely they would want to go around and look at the place or view it for themselves before taking the property on.
            Has my S-I-L got any RIGHTS to know who the agent is, and/or see evidence of the LL cost to readvertise??

            If these thoughts of ours are true that actually the LL 'hasn't' instructed an agent and can't prove that they have advertised the flat for let anywhere can the LL retain the deposit stating these reasons and if the LL continues down this road does my S-I-L have a good claim on sueing the LL for her deposit back??
            Ambition is Critical

            I don't profess to be a knowledge in all areas, my advice is based on life experience.

            Comment

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