commission refund

[barneylodge]

I am experiencing a reluctance for a letting agent to refund commission for a 12 month tenancy that only lasted 8 months.

Is there any reason why an agent would have the right not to refund fees?

I have never met this problem before.

[GPEL]

What does your contract with the agent say? Does it contain a clause that says you will compensate them for any loss of fees caused thru no fault of their own. Why did the tenancy end early.

[Trenners]

Hi Barney,

I think there are a couple of ways to look at this.

Firstly, from a contractual perspective, what does the agreement (between you and the letting agent) say. The letting agent might try and hide behind their contract but, to be fair, if the tenant only stayed 8 months -and the letting agent is charging a management / letting fee per month - then I would argue that you should only be asked to pay 8 months in fees - irrespective of what the small print says. Which means that you are entitled to a refund. After all - the letting agent might have lost 4 months in fees - but you have lost 4 months IN RENT.

Secondly, from a business perspective, does the letting agent want to retain you as a customer or not?

If the letting agent is being greedy and trying to retain the fees for months 9 through 12 then I think you should teach them a short, sharp, lesson. Immediately terminate your contract with them and either let the property out yourself or use a fairer agent.

If they have already found you a new tenant then tell them that unless they refund the fees that you have been overcharged, within 28 days, you will terminate your agreement with them, take charge of the tenancy yourself (meaning they will not earn anymore fees from you) and see them in court!

That should do it ...... I hate it when I hear about letting agents ripping off landlords.

Good Luck,

Mark