My husband and I got an apartment through an agent whom we payed a hefty commission. Then, the landlord died. We discovered that the agent's husband was part owner and landlord of the place. On death the son and agent became owners (possibly in part).
Three months before we had to leave, my husband told the agent that we were leaving in 3 months but we didn't know the exact date. She said to inform her within one months notice.
We submitted one month written notice, stating the exact date we were leaving. She responded in writing acknowledging that she received this and that she would try to call. We didn't hear from her and tried to call but never got any response. (Historically the agent is never available so we didn't think much of it). Several people came to view the apartment in the meanwhile.
On the morning we were leaving we called her to ask when she intends to collect the keys. She refused, suddenly claiming that we should have given her two months notice and we need to pay another month rent, because the Dutch contract says two months. We reminded her that the English contract says anywhere between 3-1 month notice and is supposed to be an exact copy. Also of her verbally agreeing to one month notice. She said we "misunderstood her" and the Dutch contract is the law regardless of what the English says.
She knows that our flight out is early the next morning and that we no longer have permission to stay. (Our residence permit is valid for another year, but we left voluntarily so we need to mail it back to them).
We cleaned the place and left the keys inside as she had instructed.
My husband sought free legal advice same day. He was told that regardless of her Dutch contract because we pay rent in one month intervals it is illegal for her to ask for anything more than one month notice. We emailed this information, and the copies of the Dutch law asking her to view the apartment and pay the security owed to us but she has ignored us.
We are now in The UK, with our Dutch residence permits which we would like to return ASAP.
Its not so much the money, I think she severely took advantage of us and we don't want her to get away with this, or to do this to anyone again.
I don't mind the inconvenience of taking her to court either, I just need some questions answered, and maybe a point in the right direction
1. Is it illegal to charge comission for 'finding' a property that your husband co-owns with his father?
2. How do I get this matter resolved legally? Can I do anything from the UK? Can I re-enter the country to take her to court on a visa? I don't want to use the Dutch residence permits, even if I can sneakily get away with it
Thanks to anyone who can help, or even if you know someone who can give me any advice, please let me know,