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Letting Agent Renewal Fees

becca_wecca
becca_wecca Posts: 476 Forumite
First Anniversary Photogenic First Post I won, I won, I won!
in House buying, renting & selling
Afternoon,

The property we rent tenancy agreement ends this month. It was agreed with the letting agent and landlord that we could move to periodic rental agreement (not signing up for a 6 or 12 month contract)

Today we received an invoice for £180 for fees to be put on periodic renting. It says as per our tenancy agreement etc. having checked the agreement that we have signed it does state this. But £180 seems very expensive for very little work by the agent!

Can the fee be challenged even though we signed agreeing to the letting agents fees?
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Comments

  • Guest101
    Guest101 Posts: 15,764 Forumite
    Yes, quite simply. The letting agents are not a party to your tenancy agreement. So they cannot enforce a clause contained in it.
  • G_M
    G_M Posts: 51,977 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    Ignore. Do not pay & do not answer.

    If this ever went to court (or a deposit scheme arbitration service if deducted from your deposit) it would never be enforced.

    Relax.

    Plus read:

    * Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?
  • mrginge
    mrginge Posts: 4,843 Forumite
    The agent can act to enforce a tenancy clause since, funnily enough, they are an agent of the landlord.

    So it is the landlord, via his agent, who has charged the OP £180.
  • dionysia
    dionysia Posts: 81 Forumite
    First Anniversary
    You don't get 'put on' periodic renting - a statutory periodic tenancy arises automatically at the end of the fixed term if you're still occupying. It's not even very little work, it's none whatsoever. Ignore it and if they chase ask them why they're trying to charge you for the existence of a legal fact.
    June 2017: owe £16,818.
    June 2018: owe £13,263.
  • mrginge
    mrginge Posts: 4,843 Forumite
    It's lovely that we're all assuming that this is an SPT, but perhaps the actual content of the contract should be provided before leaping to such a conclusion.
  • becca_wecca
    becca_wecca Posts: 476 Forumite
    First Anniversary Photogenic First Post I won, I won, I won!
    The tenancy is moving over to the statutory periodic tenancy. We aren't signing up for another fixed term agreement. Our original agreement will remain in place but we are being charged for it. In our original agreement it listed fees and the £180 fee was noted there.

    Funny thing though my husband didn't want a fixed term agreement to avoid the fees as they are so expensive. But to sign up for a 12 month agreement which would incur paperwork and time only costs £95! (We should have paid more attention looking at the fees when we originally signed the agreement)

    We have emailed to query what the £180 is actually for.
  • G_M
    G_M Posts: 51,977 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    So it's either

    1) a Stautory Periodic Tenancy, which arises automatically by law and so no charge can be levied, or

    2) a Contractual Periodic Tenancy, which arises automatically by virtue of the terms of the original contract, and so no charge can be levied
  • mrginge
    mrginge Posts: 4,843 Forumite
    G_M wrote: »
    So it's either

    1) a Stautory Periodic Tenancy, which arises automatically by law and so no charge can be levied, or

    2) a Contractual Periodic Tenancy, which arises automatically by virtue of the terms of the original contract, and so no charge can be levied

    Why can no charge be levied under a CPT?
  • G_M
    G_M Posts: 51,977 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    What is the landlord providing in return for this charge?
  • mrginge
    mrginge Posts: 4,843 Forumite
    G_M wrote: »
    What is the landlord providing in return for this charge?

    If it's listed as part of the contract then they are providing the tenant with a property to live in.
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