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Need some legal advice
Topic Started: Sep 27 2007, 03:06 PM (247 Views)
Paul_Murtagh
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Afternoon all!

I need some advice from either people with previous experience or else some legal background or experience. Currently myself and my fiancee are renting out an apartment and signed a contract in March for a year's lease. However, money has become a major issue in that we have very little between us and now we want to move back to my mums where we can get back on our feet and do some saving.

According to our estate agent, we would need to pay a £300 contract release fee to get out of the contract and keep paying rent on the apartment until either someone else takes up the tennancy or the contract is up but we would lose our deposit on the house. However, the contract doesn't state anything about a release fee and just states that we would have to pay the remainder of the contract and would receive out deposit back if the house was still in the same condition as when we got it

Is this right or are we losing out?
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The STIG
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I suggest, Paul, that you PM Asp. he's a student lawyer. Be warned : He charges copious amounts of beer for his services!
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Norbert
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Well, for a start they'll want you to see out the contract. A release fee seems rather unfair if they still expect you to pay the rent until someone else moves in or the lease expires - surely if this is the case there's not point in asking for the release because you'll save £300! I doubt you'll escape the contract without paying the remaining months on it.

Beware agencies. My other half has rented our flat for ages. I finished where I was and signed up with her. To do this, they charged me £250+ vat. For which I was referenced, which they normally charge at £60+ vat. No inventory, no nothing. I still haven't even had a copy of the agreement which I've agreed to by paying the fee but not by signing because it doesn't seem to exist! Last month they wrote to us saying the we could have another six months. To do this they wanted £50+ vat admin. I said sod off. I've paid £300 already and had nothing to prove it. Apparently this covers their admin. I asked how I moved in to the previous place for £60 inc vat which included referencing, paperwork etc. They all but ignored me and said the paperwork would take maybe 8 weeks to do. I suggested for £300 that this was shocking. No answer came back - and this was face to face!

Moral: letting agencies are money grabbing, inconsiderate parasites. How else do all of their employees wear expesive watches and drive nearly-new BMWs, Audis and Mercs when in their early 20s?
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Paul_Murtagh
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The STIG,Sep 27 2007
04:13 PM
I suggest, Paul, that you PM Asp. he's a student lawyer. Be warned : He charges copious amounts of beer for his services!

Cheers Stig <thumbsup>

I have went over the contract a few times and have a feeling I'm being shafted somewhere along the line
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Paul_Murtagh
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Cheers Norbs. I knew I had to pay the remainer of the contract but the £300 release fee really baffled me. By moving back home I will be saving over £200 a month which is a lot from a £1,000 monthly wage
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wickedwitch
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Paul_Murtagh,Sep 27 2007
04:06 PM
Afternoon all!

I need some advice from either people with previous experience or else some legal background or experience. Currently myself and my fiancee are renting out an apartment and signed a contract in March for a year's lease. However, money has become a major issue in that we have very little between us and now we want to move back to my mums where we can get back on our feet and do some saving.

According to our estate agent, we would need to pay a £300 contract release fee to get out of the contract and keep paying rent on the apartment until either someone else takes up the tennancy or the contract is up but we would lose our deposit on the house. However, the contract doesn't state anything about a release fee and just states that we would have to pay the remainder of the contract and would receive out deposit back if the house was still in the same condition as when we got it

Is this right or are we losing out?

Speaking as a legal secretary with over 35 years in the property sector, this sounds odd to me. I would need to see the contract and any other paperwork which was signed initially to make a reasoned decision.

Paul, I think you have my e-mail address. If you want to scan the contract and your paperwork and send it to me I can always ask our head of department to look things over for you.
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timmadigan
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Either have someone (like WW or someone else) read through the "signed" agreement and highlight any and all sections that deal with termination.
Also check with the local gov't agency that regulates apartment leases to ensure the contract meets local code. I worked for an apartment complex in the past and know that not all of the parts of the contract meet local rules/regulations -- they were standard contracts used nationally.
You only have to pay the lessor of a) what the contract explicitly states or b) what the local regulation is (the company's old contracts stated the same as yours but the county only allowed for 2 months and loss of deposit).
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