The Student Room Group

Tenant-landlord law

If you're a tenant and you're leaving the contract early (say 1 month), the landlord makes a change to the contract and uses a lawyer to do so. Can he charge those costs to the tenant?

The landlord is charging me £950 for two hours lawyer service (at £475/hour). This also seems extremely high, can you just demand that without even asking first?

Under which law does this go?
Original post by Millie228
If you're a tenant and you're leaving the contract early (say 1 month), the landlord makes a change to the contract and uses a lawyer to do so. Can he charge those costs to the tenant?

The landlord is charging me £950 for two hours lawyer service (at £475/hour). This also seems extremely high, can you just demand that without even asking first?

Under which law does this go?


This isn't really the place to ask for legal advice. However, if you signed a fixed term tenancy then you are obliged to pay rent for the duration of the term. Neither of you can unilaterally change the contract.

It sounds like your landlord has agreed to let you out of the tenancy early in exchange for you covering his costs. but it isn't clear what those costs are for - usually this would be the cost of advertising and finding a new tenant and rent for any void period. What did you discuss with your landlord when you asked to break the tenancy agreement?
(edited 10 years ago)
Reply 2
Original post by Bambilicious
This isn't really the place to ask for legal advice. However, if you signed a fixed term tenancy then you are obliged to pay rent for the duration of the term. Neither of you can unilaterally change the contract.

It sounds like your landlord has agreed to let you out of the tenancy early in exchange for you covering his costs. but it isn't clear what those costs are for - usually this would be the cost of advertising and finding a new tenant and rent for any void period. What did you discuss with your landlord when you asked to break the tenancy agreement?


I was to pay up to the day I left, which I did. I then got a confirmation from the agent that I was all "up to date with rent".
If he put the flat back up and got a new tenant then obviously I shouldn't pay for the final month (you can't get double rent). I don't think they've got it back up but that's because there are so many things they want to change in the flat. Also it is not my fault that he's spent about a month getting quotes for costs.

There are numerous costs listed, the ones I reacted to were the overly high recarpeting costs, administration costs and lawyer's fees.

The deposit should be a matter of its own. It is not mentioned rent in his demands. It seems like he's just keeping that in back hand in case I don't agree with the deposit demands.
Original post by Millie228
I was to pay up to the day I left, which I did. I then got a confirmation from the agent that I was all "up to date with rent".
If he put the flat back up and got a new tenant then obviously I shouldn't pay for the final month (you can't get double rent). I don't think they've got it back up but that's because there are so many things they want to change in the flat. Also it is not my fault that he's spent about a month getting quotes for costs.

There are numerous costs listed, the ones I reacted to were the overly high recarpeting costs, administration costs and lawyer's fees.

The deposit should be a matter of its own. It is not mentioned rent in his demands. It seems like he's just keeping that in back hand in case I don't agree with the deposit demands.


Ok, so it sounds like there wasn't much of an agreement, so you may have to stump up the final months rent (I'd say it's questionable whether him telling you you are 'up to date with rent' is enough to let you off the final month).

He can't then just start charging you for whatever he feels like though. The only costs he will be able to deduct from the deposit will be for evidenced damages to the property/furnishings. Did you sign an inventory when you moved in? Was the deposit protected in a scheme? What costs is he asking you to pay for?
Reply 4
Original post by Bambilicious
Ok, so it sounds like there wasn't much of an agreement, so you may have to stump up the final months rent (I'd say it's questionable whether him telling you you are 'up to date with rent' is enough to let you off the final month).

He can't then just start charging you for whatever he feels like though. The only costs he will be able to deduct from the deposit will be for evidenced damages to the property/furnishings. Did you sign an inventory when you moved in? Was the deposit protected in a scheme? What costs is he asking you to pay for?


Yes I signed an inventory. He is asking for a bunch of costs, some of which I just find too high (like the carpet) and some which are plain wrong. But I don't see this as a big problem - I will go through the TDS and I assume I will get support there. For instance he i asking for replacements for many pillows and a quilt which are "badly stained". It already says in the inventory that they were stained when I moved in (I didn't even use them - I brought my own).

It's the administration costs and lawyers fees I'm curious about.
Original post by Millie228
Yes I signed an inventory. He is asking for a bunch of costs, some of which I just find too high (like the carpet) and some which are plain wrong. But I don't see this as a big problem - I will go through the TDS and I assume I will get support there. For instance he i asking for replacements for many pillows and a quilt which are "badly stained". It already says in the inventory that they were stained when I moved in (I didn't even use them - I brought my own).

It's the administration costs and lawyers fees I'm curious about.


Definitely use the TDS to dispute his deductions. Furnishings are subject to ordinary wear and tear. He can't give you stained pillows (which is nasty quite frankly!) and expect you to give him brand new ones back. Likewise if he wants a brand new carpet!

Unless you agreed to cover administration costs and legal fees when you broke the tenancy, I can't see on what grounds he could claim these from you and it sounds like he's trying his luck.

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