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Agency renewel fee !

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482 views 5 replies latest reply: 29 February 2016
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Tenant

Having been on an Assured sholthold tenency for the last 6 month’s it is now coming to an end in 2 weeks.

My Question is can the agency make me pay renewel fee even if i let it roll over to a periodic tennency ?

I received a letter from agency stating :

Further to our recent conversation (That we never had) I am writing to confirm we will be amending the terms of your tenency to a statutory periodic tenency. to enable us to do this could you please forward payment as per invoice enclosed.

The invoice states AST renewel fee to periodic tenency.  £90 (INC VAT) 

Now i’m not happy with the agency, they are not very good. I takes them a long time to get anything done. previous tennents have said the same apparently.

the landlords family live next door and i have had no problems with them get on really well, it is through them that most issues with the property have been dealt with. the landlord is not exactly impressed with them also. I have asked family if th Landlord would be ok if I were to just carry on when tenency expires and he said he’s ok with that.

So can the agency make me pay a fee for something that should happen for free at the end of tenency ? I have checked my Agreement and can’t see anything about it.

Thank you

ND

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Administrator

Hi Neil

I’m not a lawyer but as far as I know if you don’t give notice and the landlord doesn’t give notice then the tenancy will automatically become a statutory periodic tenancy – no action is required so there is nothing to justify a fee. I suspect it probably even says that in your tenancy agreement.

The only time action may be required is if the periodic tenancy was to be on different terms to the existing tenancy, which it doesn’t sound like is the case here. Tell the agents to read the Housing Act – which they really should if they’re going to be letting agents…more info here.

Alex

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Tenant

Having been on an Assured sholthold tenency for the last 6 month’s it is now coming to an end in 2 weeks. My Question is can the agency make me pay renewel fee even if i let it roll over to a periodic tennency ? I received a letter from agency stating : Further to our recent conversation (That we never had) I am writing to confirm we will be amending the terms of your tenency to a statutory periodic tenency. to enable us to do this could you please forward payment as per invoice enclosed. The invoice states AST renewel fee to periodic tenency.  £90 (INC VAT)  Now i’m not happy with the agency, they are not very good. I takes them a long time to get anything done. previous tennents have said the same apparently. the landlords family live next door and i have had no problems with them get on really well, it is through them that most issues with the property have been dealt with. the landlord is not exactly impressed with them also. I have asked family if th Landlord would be ok if I were to just carry on when tenency expires and he said he’s ok with that. So can the agency make me pay a fee for something that should happen for free at the end of tenency ? I have checked my Agreement and can’t see anything about it. Thank you ND

– Neil Daly

Right  i have just spoken to agency and they are saying that they served me notice ( but ive had no conversation with them). Now they are telling me i have to pay a renewel fee even though its moving to a periodic tennency. he’s saying that fee’s have to be paid regardless of whether i do nothing and let it roll over because they are managing his affairs for him and they are doing the paper work. it says nothing in contract about what happens after six month contract is up. Accoding to him it’s only no fee involved if both parties agree. (now the landlord is happy for it AND i am happy for it……Funnily enough it’s just the Agency thats not happy.i would just like to know where i stand and what would happen if i refuse to pay ?

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Administrator

Hi Neil

If they have served you noticed then they are intending for you to leave, is that correct? I would ask them in what form they served the noticed and when exactly they served it. I would also ask for a copy of the notice served. It sounds to me like the agency just wants more money from you and doesn’t really understand how a periodic tenancy works (or was hoping that you don’t).

If they haven’t served you notice then nothing happens – the tenancy just rolls on. As I said, I’m not a lawyer, but in order for them to have served you with notice I imagine the landlord would have had to have asked them to do that. They act on behalf of the landlord, not independently of him, and if he’s happy for you to stay then why would he have asked them to serve notice.

The whole point with a periodic tenancy is that there is no paperwork. It arises automatically – there is no contract, it just exists. If the landlord wants the protection of a new tenancy agreement with a new fixed period then that’s different, that will require a new contract. But it’s pointless to pay an agent for a periodic tenancy because there’s just no need. Landlords really should understand these things if they’re going to be landlords!

Personally, I would threaten to start making complaints against the agent for falsely representing that a contract is required and charging unneccessary fees – there are lots of ways to complain about an agent. But it depends how comfortable you are that the agent won’t persuade the landlord to remove you. You can also get some advice from Citizens Advice or a law centre if you want something legal to back up your argument.

Alex

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Tenant

Having been on an Assured sholthold tenency for the last 6 month’s it is now coming to an end in 2 weeks. My Question is can the agency make me pay renewel fee even if i let it roll over to a periodic tennency ? I received a letter from agency stating : Further to our recent conversation (That we never had) I am writing to confirm we will be amending the terms of your tenency to a statutory periodic tenency. to enable us to do this could you please forward payment as per invoice enclosed. The invoice states AST renewel fee to periodic tenency.  £90 (INC VAT)  Now i’m not happy with the agency, they are not very good. I takes them a long time to get anything done. previous tennents have said the same apparently. the landlords family live next door and i have had no problems with them get on really well, it is through them that most issues with the property have been dealt with. the landlord is not exactly impressed with them also. I have asked family if th Landlord would be ok if I were to just carry on when tenency expires and he said he’s ok with that. So can the agency make me pay a fee for something that should happen for free at the end of tenency ? I have checked my Agreement and can’t see anything about it. Thank you ND

– Neil Daly

Thanks for your help, I did receive a letter dated exactly 2 months before end of contract (section 21) after speaking to landlords family he is totally unaware that notice had been served, was unaware that i’m trying to refuse to pay fee’s. I have spoken to shelter who were helpful but it seems the agency are taking the piss but can legally do it. i have sent them an offical letter of complaint regarding fee’s and the fact i had a broken bathroom window for 3 and a half months leaving property unsecure. i have proof of that also. so i will look to complain further to their governing body and the redress scheme they should be on, I am also visiting a citizens advice rep to look through tenency agreement. A question i have that i can’t seem to find answer to is If the landlord is happy and i am paying rent, it is only the letting agent’s bullshit renewel fee (that’s not being renewed) that’s in dispute how can they take me to court and get me evicted ? I know they are fully managing his property, but is it not ultimately down to the landlord to get this done.

Cheers

Neil

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Tenant

I am also not a lawyer, but sounds to me like an agency on the make. If it were me, I’d say to the landlord that you are considering moving out over this as it is immoral and border line legal. Does he want to take the hit of loss of rent over something so irrelevent to him. I’d also be tempted to tell the agency that the landlord not them is responsible for evicting and you will be carrying on under your current contract as you are legally entitled to. Its shit like this that has made me avoid agencies for the last 10 years of renting…

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