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Residential Letting Agency Contract

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  • Residential Letting Agency Contract

    I recently inherited a property but cannot afford it as I have a mortgage on my own home and the inherited house also has a mortgage so decided to rent it out . I approached a letting agency to find a tenant for me, no other service was required. They found a tenant and then sent me a contract.
    At the top of the contract their fee's were laid out in table format. Under "Tenant finder only" it stated renewal £122 nothing more. This I was happy with as I did not intend to renew.
    However I have now found that they want me to pay them a months rent if I do not renew as a withdrawal fee. I have already paid them a months rent for the Tenant Finder service.
    They have referred to the contract I signed. which after many sections which apply to fully managed and rent collection There is the clause that states that if the tenant is still in occupation and I do not renew then I am liable to a months rent plus VAT as a withdrawal fee. I was under the impression that this referred to the fully managed service as there is preamble about changing agents Etc and that I had paid the finder fee.

    My question is, This payment was not pointed out to me, nor is it listed on the table of Fee's on their website. can I refuse to pay this withdrawal fee? as I have paid for the service required also the "renewal, withdrawal fee" scenario is never ending as there is no time limit indicated which I believe makes it an Unfair Contract Term.
    Tags: None

  • #2
    how many times £122 is one month's rent?
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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    • #3
      X 10 which is £1220 +VAT

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      • #4
        could someone clarify if the following act would apply to a contract between a landlord and a letting agency, as the service required from the agency is that of finding a tenant, the contract for rental would follow on after the "Finding Service"

        The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013..6.—(1) These Regulations do not apply to a contract, to the extent that it is—(d)for rental of accommodation for residential purposes;




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        • #5
          As described by you, neither party was renting the property for their accommodation.
          Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

          Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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          • #6
            Without seeing the terms of the contract nobody is really going to be able to offer any sort of comment, contractual disputes are all about the terms.
            COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

            My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

            Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

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            • #7
              Agree with the above but having used an agency for find-only but then discovering they have put a tenant in the house I have no faith in agents anyway! To me find only is find only. They have done their job when a tenant moves in. However the fact that they would charge for renewal (£122) makes it seem they do not see it that way. I would write to them with any evidence from the time (email exchanges etc) proving that it was not made clear that find only was not find only and see what they say.

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              • #8
                hi. how much have you paid them, is it 1220. and thats was for finding the tenant .( one or two months rent as fee for finding and checking tenants is normal )

                So the 122 renewal fee, how often is that payable, and what for ?
                And the cancellation fee 1220 ( months rent ), what triggers that

                are they charging you 122 yearly to renew the contract for the tenant every 12 months
                Last edited by Crazy council; 24th May 2023, 19:32:PM.
                crazy council ( as in local council,NELC ) as a member of the public, i don't get mad, i get even

                Comment

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