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Letting agent refusing recurring tennancy

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Comments

  • martindow
    martindow Posts: 10,217 Forumite
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    As has been suggested you should ignore the agents and contact the LL directly. Agents will always be keen to push you into signing a new contract as they can charge you and probably the LL as well.

    Have you got contact information for the LL? If so write a letter or ask to meet them to discuss options that suit you and the LL (not the agents).

    Edit: beaten to it by deannatrois
  • Your contract is not only with the landlord if there is an agent involved who charges you money.
    It is a Tri party contract, you have equal bargaining power and you can sack the agent in the arrangement.
    I do Contracts, all day every day.
  • stothy862 wrote: »
    Thanks for everyone's help, after following the advice the letting agent came back and said that they would ask the landlord, no gaurentees as he may want fixed term (we offered a long term contract but they refused?!) but it would still cost us as we signed a document at the start of the tenancy that said this apparently. I may just take this as I've had enough of dealing with these crooks but I was wondering if anyone knew if was even legal to charge for a renewal fee on a statutory shorthold tenancy?

    It's legal to charge anything, but whether they can actually make you pay it is another matter. You are not in fact renewing the contract, so a renewal charge shouldn't apply. There may be something in your contract about a fee specific to this situaiton so have a look at your original contract, but I would say they're just trying it on.

    Are you able to contact the landlord directly? I wouldn't necessarily trust the agent, whose incentives are to have you sign a new AST or get someone new who will. Is the agent going to ask the landlord what s/he wants, or sell him/her on insisting on an AST? Will the agent try to paint you as problematic and suggest an S21 so that they can get a new tenant (and new fees)? My point is that the periodic tenancy is less secure, so it's in your best interest to know what your landlord's plans are.
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
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    Your contract is not only with the landlord if there is an agent involved who charges you money.
    It is a Tri party contract, you have equal bargaining power and you can sack the agent in the arrangement.

    Not this pish again. The tenant has no contact with the letting agent. The tenant has a contract with the landlord, and the landlord is the one who has a contract with the letting agent.

    OP, why are you still bothering with the letting agent? Just ignore them. Contact the landlord if you must but there is nothing that either the letting agent or landlord can do to prevent the tenancy becoming periodic. You do not have to sign any new agreement for it to become periodic not do you have to pay a fee.
  • Bogalot
    Bogalot Posts: 1,102 Forumite
    Your contract is not only with the landlord if there is an agent involved who charges you money.
    It is a Tri party contract, you have equal bargaining power and you can sack the agent in the arrangement.

    No, the agent is working on behalf of the landlord, the tenant cannot sack the agent. Although as mentioned they are free to contact the landlord directly, who may or may not decide to end their relationship with the agent.
  • G_M
    G_M Posts: 51,977 Forumite
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    edited 16 October 2016 at 1:05PM
    Since 1st October 2014, the Enterprise and Regulatory Reform Act 2013 S83 requires letting agents in England to sign up to one of 3 schemes:

    * The Property Ombudsman
    * Ombudsman Services Property
    * Property Redress Scheme

    Another reason to contact the landlord would be to find out if the agent is charging the landlord for a new fixed term contract.

    Is the agent a member of TPO scheme?

    TPO Code of Practice for Residential Letting Agents
    5n You must not make a tenant or landlord pay a charge for or be
    liable for an element of your service that the other party has
    also been charged for in the course of the same transaction.

    edit: Ah! Yes Whitegates website shows TPO member.
  • boliston
    boliston Posts: 3,012 Forumite
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    This does sound odd from a fee point of view as the landlord is the client of the agent rather than the tenant so the agent would be supplying a service to the landlord by offering a renewal so not sure why they are billing tenant rather than landlord. I can see that an agent can charge a tenant for referencing and credit checking at the start of a tenancy but a renewal would not involve any further checks on a tenant already living there.
  • G_M
    G_M Posts: 51,977 Forumite
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    It's a common practice, known as 'maximising the profit margin'.

    But see my post above.
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