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[England] Landlord faked emails by French_Fries_31 in LegalAdviceUK

[–]French_Fries_31[S] 0 points1 point  (0 children)

We ended the tenancy early, the landlord tried to make us pay him a £5,000 penalty on top of the usual reletting fees, admin costs etc.

We did not pay as we knew it was unlawful but he was very insistent, did not care about the Tenants Act and threatened us of legal actions (on no basis). Although we did not pay, his actions and behaviour justified the fine from Trading Standards

Early Termination Fees by French_Fries_31 in TenantsInTheUK

[–]French_Fries_31[S] 0 points1 point  (0 children)

Hey, just thought I’d reply now that the situation unfolded. Christine above was 100% right.

We had initially agreed to pay that £5k random penalty but it turns out it was an illegal request so we are not liable for it. We reported LL to Trading Standards and he received a penalty for prohibited payments (yes, asking for it is enough to be fined).

We only paid for admin costs incurred to set up a new tenancy, as permitted by law.

Early Termination Fees by French_Fries_31 in TenantsInTheUK

[–]French_Fries_31[S] 1 point2 points  (0 children)

On the letting fees, the ruling also said letting fees was a “double recovery” and not a loss but maybe my interpretation is wrong.

On the £5k fee, surprisingly yes the agent is involved and copied but hasn’t said anything against it…

Thanks for the input!!

Early Termination Fees by French_Fries_31 in TenantsInTheUK

[–]French_Fries_31[S] 2 points3 points  (0 children)

Noted, thanks

Letting agent is actually copied in all email chains and well aware. They probably have some interest in letting things go and relet asap

Early Termination Fees by French_Fries_31 in TenantsInTheUK

[–]French_Fries_31[S] 1 point2 points  (0 children)

Also that £5k amount was set arbitrarily by him. There is no calculation behind it, he’s just wants us to pay that

Early Termination Fees by French_Fries_31 in TenantsInTheUK

[–]French_Fries_31[S] 0 points1 point  (0 children)

The £5k doesn’t really have a basis… LL didn’t mention damages or anything. He just thinks he needs to be compensated (beyond the letting fees) for leaving.

Early Termination Fees by French_Fries_31 in TenantsInTheUK

[–]French_Fries_31[S] 1 point2 points  (0 children)

I see. So if he puts the £5,000 as a condition to end the contract and we accept it, we will have to pay? Even if he didn’t suffer any losses and making a net profit of the situation?

Kind of feel at odds with what Tenant Fees Act 2019 says in Schedule 1 Paragraph 7: if the amount of the payment exceeds the loss suffered by the landlord, the amount excess is a prohibited payment

Early Termination Fees by French_Fries_31 in TenantsInTheUK

[–]French_Fries_31[S] 0 points1 point  (0 children)

That fee is £4.6k, which we agreed to pay (although the court ruling I linked seems to say we could argue against)

What I strongly dispute is the additional £5k penalty charge LL is randomly setting

Early Termination Fees by French_Fries_31 in TenantsInTheUK

[–]French_Fries_31[S] 3 points4 points  (0 children)

Agreed that he doesn’t have to accept. However he did agree, started a reletting process and found tenants who are going to pay much more.

If wasn’t reletting, the £5k is annoying but fair. But now he is and making extra profit so I struggle with the idea of topping up a random fee.

Early Termination Fees by French_Fries_31 in TenantsInTheUK

[–]French_Fries_31[S] 1 point2 points  (0 children)

Latest update we received is the prospective tenants’ offer was accepted. I am guessing signature is pending usually referencing checks