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Refusing to pay renewal fee

Hi All,

I moved into property in Nov 2015 and renewed 2016 i had an email last week saying that the landlord would offer another 12 month term but i now had to pay a £150 " Documentation fee" i questioned why i never had to pay this before and they replied as i wasn't informed as a good will gesture they have now reduced it to £110 nice of them eh ?

I told them that the fee was unfair and that i should of been told about this when they introduced it and also pointed out they the government recognises that these fees were unfair and putting in steps to ban them there reply

"The government have not yet announced any changes to the law regarding fees and therefore the £150 tenancy documentation fee is still chargeable."

Basically we know they are wrong but tough.

There is a clause in the tenancy that allows them to increase the rent by a certain % each yeah i think they are now using this fee to get round this as it effectively doubles my rent increase.

Now i'm standing my ground on this because £110 to send a couple of emails and copy and past my name and address into a PDF is a SCAM !

I've asked to go on a periodic tenancy to which they replied they don't offer them and a s21 was issued today and i was told if i wanted to vacate before this expires then i had to give one months notice ( Is this because i will in fact be on periodic after Nov 21st s21 expires on 5 dec)

My question is should i just pay or stand my ground i'm willing to take this to the end as its the agent who is serving the s21 not the landlord i highly doubt the landlord knows as my whole estate is owned by an investment company and all 56 houses on the plot are rentals the agent indicated that i could pay the fee before the s21 expires i just think i'm being blackmailed by them.

Thanks

Mark
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Comments

  • Comms69
    Comms69 Posts: 14,229 Forumite
    Name Dropper First Anniversary First Post
    Have you asked the LL what he or she wants?


    It's not a 'scam' at all, it's an offer of service / goods, in exchange for money.


    Personally I'd ignore it, but each to their own. If the notice is valid, you could end up being evicted.
  • G_M
    G_M Posts: 51,977 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    Go periodic.

    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?
  • Mark64uk
    Mark64uk Posts: 75 Forumite
    First Anniversary Combo Breaker
    Comms69 wrote: »
    Have you asked the LL what he or she wants?


    It's not a 'scam' at all, it's an offer of service / goods, in exchange for money.


    Personally I'd ignore it, but each to their own. If the notice is valid, you could end up being evicted.

    I understand its a service but £150 for this small service is a Joke

    I don't know who to contact as the landlord is listed as a company care of the agents.

    I'm not really fussed about being evicted to be honest i'm just not paying such an inflated fee.
    Go periodic.

    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?

    Tried that

    Moving forward there are a couple of options we could take

    1) Allow the tenancy to roll over to a periodic tenancy using the same
    terms and conditions but at the new rental rate ( no need for any
    documents)

    2) Sign a 12 month tenancy without the documentation fee the same as
    last year.

    If none of the above are acceptable then we will seek alternative
    accommodation.

    Many thanks

    Mark


    They replied

    The Landlord requires all tenants to be on a 12 month fixed term
    contract and does not offer periodic/rolling contracts.
  • They can't 'not offer' a periodic tenancy, it's the law and happens automatically if you stay in the property past the fixed term.
  • Comms69
    Comms69 Posts: 14,229 Forumite
    Name Dropper First Anniversary First Post
    Well in that case just ignore and see what happens
  • DoaM
    DoaM Posts: 11,863 Forumite
    First Post First Anniversary Name Dropper Photogenic
    What about OP's statement that they already received an S21 notice?
  • Mark64uk
    Mark64uk Posts: 75 Forumite
    First Anniversary Combo Breaker
    edited 3 October 2017 at 4:56PM
    They can't 'not offer' a periodic tenancy, it's the law and happens automatically if you stay in the property past the fixed term.

    I know they just want there fee i was emailed this yesterday

    I am sorry to hear that you will not be renewing. The Landlord will
    now require me to serve notice on the property and this will confirm
    your vacate date. If you would like to vacate sooner, we just require
    one months' written notice from yourselves.


    I assume the one month notice is due to being on a periodic after the 21st so they want me to abide by the rules of one month notice but wont recognise a periodic tenancy so i replied this to see if they would admit i'm on one

    I also noticed i am able to vacate before the end of the s21 expiry why would i have to give one month notice when the tenancy ends in nov? It cant be that the tenancy has rolled over to periodic as you dont offer these even though its the law if a fixed term continues so why the notice?


    Well in that case just ignore and see what happens

    Yeah i've told them i'm not going to be moving out on the 5th of December when the s21 expires and ill continue to pay the increased rent up until the eviction date i think ill just leave it that.
  • Mark64uk
    Mark64uk Posts: 75 Forumite
    First Anniversary Combo Breaker
    DoaM wrote: »
    What about OP's statement that they already received an S21 notice?


    Yes got this today via email saying that i have till the 5/12 the fixed term ends 21/11


    I am writing to inform you that the Landlord requires possession of the property and therefore has asked us to serve notice to terminate your tenancy.

    Please find enclosed a Section 21 Notice which will expire on 05 December 2017.


    And attached was a PDF with the s21
  • DoaM
    DoaM Posts: 11,863 Forumite
    First Post First Anniversary Name Dropper Photogenic
    Does the start date of an S21 notice have to be (at the earliest) the end date of the fixed term? (i.e. the tenant has 2 months after the fixed term end date). Or can an S21 be issued 2 months before the fixed term end date such that the tenant has to leave at the end date?
  • aneary
    aneary Posts: 921 Forumite
    Is a s21 valid if it's due to not renewing on a fixed term contract?

    Do you have somewhere to go if you are evicted?
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