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Hello,
Hoping you can help!
There is the following clause in my Assured Shorthold Tenancy Agreement:
1.3.3."If the Tenant wishes to terminate the agreement earlier than expected a fee of £675 (six hundred and seventy five pounds) + VAT will be payable by the tenant."
This I have paid and given the two months’ notice required. After I paid the fee they emailed the following:
“Thank you for your email, confirming your notice.Please note that, the Tenant is liable for the Property until the end of the Term, subject to the correct notice being provided, however, should the Tenant wish to terminate the Lease prematurely the Landlord may, at their absolute discretion, may allow the Tenant to pay a remarketing fee equal to £675 plus VAT. This fee is required to advertise the Property and look to replace the Tenant with an appropriate replacement. Subject to the Landlord’s discretion, credit checks and referencing a suitable replacement may be used to release the Tenant. For the avoidance of doubt, the fee is required in advance and is non-refundable, the Tenant is liable / required to adhere to the clauses within this Lease until the replacement Tenant signs a lease and pays their initial Rent and Deposit. This Remarketing Fee will not be offered in every situation and can be withdrawn or altered at any time at the absolute discretion of the Landlord.”
My question is, can they do this?
I agreed based on the Break Clause in my Tenancy, not the bit they seem to have suddenly created and emailed to me. I would not have signed an agreement with the extra part in. I do not think I am liable for anything beyond my notice. I have read the Tenancy agreement in full and there is nothing in their about it being at Landlords discretion or on condition of another tenant being found, just the part quoted above which to me seems to imply it’s at my discretion as I am terminating the tenancy.
They said today we would be liable for council tax too until they find someone!
Thanks
Cato.
Hoping you can help!
There is the following clause in my Assured Shorthold Tenancy Agreement:
1.3.3."If the Tenant wishes to terminate the agreement earlier than expected a fee of £675 (six hundred and seventy five pounds) + VAT will be payable by the tenant."
This I have paid and given the two months’ notice required. After I paid the fee they emailed the following:
“Thank you for your email, confirming your notice.Please note that, the Tenant is liable for the Property until the end of the Term, subject to the correct notice being provided, however, should the Tenant wish to terminate the Lease prematurely the Landlord may, at their absolute discretion, may allow the Tenant to pay a remarketing fee equal to £675 plus VAT. This fee is required to advertise the Property and look to replace the Tenant with an appropriate replacement. Subject to the Landlord’s discretion, credit checks and referencing a suitable replacement may be used to release the Tenant. For the avoidance of doubt, the fee is required in advance and is non-refundable, the Tenant is liable / required to adhere to the clauses within this Lease until the replacement Tenant signs a lease and pays their initial Rent and Deposit. This Remarketing Fee will not be offered in every situation and can be withdrawn or altered at any time at the absolute discretion of the Landlord.”
My question is, can they do this?
I agreed based on the Break Clause in my Tenancy, not the bit they seem to have suddenly created and emailed to me. I would not have signed an agreement with the extra part in. I do not think I am liable for anything beyond my notice. I have read the Tenancy agreement in full and there is nothing in their about it being at Landlords discretion or on condition of another tenant being found, just the part quoted above which to me seems to imply it’s at my discretion as I am terminating the tenancy.
They said today we would be liable for council tax too until they find someone!
Thanks
Cato.
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