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Letting agent fee

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  • 11-10-2011 12:53pm
    #1
    hanymal
    Closed Accounts Posts: 5 ✭


    Hello all,
    I recently moved from an apartment before my lease was up. The estate agent got somebody else to move in straight away but they've taken a few hundred euro from the deposit because they had to charge a letting fee. They said they're charging it to us as the landlord shouldn't have to pay this because I'm the one who's breaking the lease. Are they allowed to do this?


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    #2
    exaisle
    Registered Users Posts: 2,673 ✭✭✭exaisle


    Because you were the one who broke the terms of the lease, it doesnt sound unreasonable to me...but I'd have a look at the terms of the lease all the same...
    By breaking the lease, you involved the landlord (who didnt break the lease) in expense in finding a replacement tenant. So, the landlord is out of pocket because you broke the terms of the lease...so why do you think you shouldnt pay for what is effectively breach of contract?
    If they're deducting "a few hundred euro", then you might be getting off lightly. Normally letting agents charge one month's rent plus vat....


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    #3
    number_1
    Registered Users Posts: 141 ✭✭number_1


    From http://www.threshold.ie/page.asp?menu=70&page=240
    The landlord must return promptly any deposit paid by the tenant. The deposit may be retained or deductions made where there are 1) rent arrears or 2) costs incurred to repair damage above normal wear and tear. Advertising or reletting costs are not normally valid reasons for withholding a deposit. It is illegal for a landlord to hold tenant's goods in lieu of money owed. A tenant risks losing their deposit if they break a lease without grounds in the lease or Residential Tenancies Act.

    If you feel that your deposit has been unfairly withheld, you can make an application to the Private Residential Tenancies Board (PRTB).
    Whatever about breaking the lease early (which may or may not be a valid reason), giving the excuse of costs incurred in reletting the property is very unlikely to constitute a valid reason for witholding part of your deposit.

    Does your lease contain a break clause? In which case have you served the correct notice for terminating the lease? If so, you may have a case to bring a case to the Private Residential Tenancies Board - https://www.prtb.ie/

    Don't just accept this. Pursue the case if you believe that you are entitled to get your full deposit back. It is important that all tenants enforce their rights, otherwise unscrupulous landlords and agents will feel free to walk all over their tenants.


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    #4
    Esoteric_
    Closed Accounts Posts: 11,255 ✭✭✭✭Esoteric_


    Deposits are only to be used to pay for damage done beyond normal wear and tear. In most cases, they cannot take it for letting fees. Lodge a complaint with the PRTB to get it back.


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    #5
    dudara
    Registered Users Posts: 33,519 ✭✭✭✭dudara


    Moved to Accomodation & Property

    dudara


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    #6
    Penguino
    Registered Users Posts: 162 ✭✭Penguino


    If you break the lease then you pay the expenses to get another tenant in.

    Tenants cannot expect to break leases (without break clauses) and get their full deposit back.

    A lot of the time you will find that letting agents will ask tenants to find a new tenant to take over the lease and then get their full deposit back.


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    #7
    D3PO
    Registered Users Posts: 7,879 ✭✭✭D3PO


    number_1 wrote: »
    From http://www.threshold.ie/page.asp?menu=70&page=240

    Whatever about breaking the lease early (which may or may not be a valid reason), giving the excuse of costs incurred in reletting the property is very unlikely to constitute a valid reason for witholding part of your deposit.

    Does your lease contain a break clause? In which case have you served the correct notice for terminating the lease? If so, you may have a case to bring a case to the Private Residential Tenancies Board - https://www.prtb.ie/

    Don't just accept this. Pursue the case if you believe that you are entitled to get your full deposit back. It is important that all tenants enforce their rights, otherwise unscrupulous landlords and agents will feel free to walk all over their tenants.

    Its perfectly likey to constitute a valid reason. What your quoting off the threshold site refers to it not being a valid reason if you provide the correct notice.

    If its a fixed term lease with no break clause then these are absolutly valid costs dudctable from the deposit.


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    #8
    hanymal
    Closed Accounts Posts: 5 ✭hanymal


    thanks for the replies, I'm going to contact the prtb and citizens information to see if I can get any more clarification


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