Fair Rents (Scotland) Bill or Artificial state manipulation of free market rent?10:34 AM, 6th November 2020
About 3 weeks ago 36
My friend agreed to early termination of the tenancy under the – following clause
11. In the event of a surrender of this Tenancy by agreement between the Landlord and the Tenant, the Tenant will pay the Landlord the sum of £250 towards the administrative costs generated thereby.
The tenant is challenging the clause
What can I charge if a replacement tenant has been found?
Where a suitable replacement tenant is found and the landlord has agreed to an early termination of the tenancy, you can only charge the tenant rent until the new tenancy has started. If you do not stand to lose any rent because of a tenant’s decision to leave, you would not be permitted to consider lost rent in any fee you wish to charge for early termination.
However, you could reasonably charge a fee to cover any referencing and advertising costs that you have incurred as a result of a tenant leaving early, but you should be able to provide evidence to demonstrate these costs.
My friend is not charging for any rent lost, but as per the above clause (11) is charging for administration cost only. Is my friend legally correct to charge the administration cost?
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