Agent's fees - Are they entitled to charge for 12 months for a six month tenancy?
Hello, sorry I sent it to the wrong address first - apologies.
It would be really helpful if you could clarify this for me. I see the deduction of their commission one way and they see it another. I've copied the exact wording for you. Their Confirmation of Instruction states - "This fee is based over a 12 month' term"
We instructed agents for a rental. They found a tenant who wanted the property for six months. A six month tenancy was agreed by all and because the couple were retired and referencing did not work out they agreed at my suggestion to paying the six months up front. My belief is if the agent finds a tenant and all they want is a six month tenancy agreement because they have sold, lost their purchase, need to move and then continue househunting, that the agency fees should reflect 6 not 12 months.
That is also my understanding of the wording of the Confirmation of Instructions I signed. 7% plus VAT with no renewal fees, or other fees. (the latter was also accepted but they tried to add those in also! and have now agreed to refund them after a battle)
I've already had the battle getting the monies paid over on time - culminating in my pointing out they sent an e mail saying they would be in my account on move in day - which they were not - I challenged this - they responded they may have said it but they did not promise it! I thought protocol meant the deposit should be in my designated deposit account and the rent in my account on move in date. I may just be an optimist though!
That aside, what do you think is the correct issue here - are they entitled to take 12 month's fees for an agreed 6 month term? See below. A few questions on clarity. Kind regards Twigs
They state in their latest e mail:
SC May 30 (2 days ago) to me, Emily
Good Afternoon, I thought it would be best that I returned your email as it was I who meet with you originally and instructed the property to market,
Regarding your Tenant find Fee, of 7%+VAT this is chargeable as a 12 month term as stated in our contract. If the tenancy was for 6 months or 6 years the tenant find fee would be only the 7%+VAT of a 12 month term.
I hope this makes sense to yourself. .......
SC - agent and agency is a member of ARLA
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