Letting agent keeps trying to charge me renewal fee!

redcar_2

It will still automatically become periodic if you don't sign. It could however be a very short periodic tenancy if the LL then gives you notice, but they would probably be mad to do that at the moment if you are otherwise good tenants.

From the LA point of view though they are missing out on fees so likely to push you a bit and if they can get you out will get even more fees from a new tenant so you can see their motivation! If necessary you may need to communicate direct with the LL if the agents are a pain.

ginvzt

redcar wrote: »

It will still automatically become periodic if you don't sign. It could however be a very short periodic tenancy if the LL then gives you notice, but they would probably be mad to do that at the moment if you are otherwise good tenants.

From the LA point of view though they are missing out on fees so likely to push you a bit and if they can get you out will get even more fees from a new tenant so you can see their motivation! If necessary you may need to communicate direct with the LL if the agents are a pain.

Thanks! I can see why they are doing (money money money). But - we never missed a payment, we have to call up for receipt every month few times. The house is kept in good order (better than it was when we moved in!!!!). And, the most important - there are quite a few 2-bed flats on the estate that are empty!

mikey72

I'd rather have periodic good tenants then an empty house personally. And I see no point is throwing out someone who may or may not be leaving anyway, but also could be staying for the next ten years, and then paying a LA another set of fees to find a new tenant who may leave six months from now as well.

tbs624

Ginvzt - resolving the issues around renewals/periodic contracts is a two-way process: if your LA/LL specifically wants a new FT but you don't then your choices are:

a) stay where you are and force the LL to seek a possession order (always good for reference purposes this one). You will indeed be on a periodic but you won't be there for long.

b) move out on the expiry date, in which case you'll have to sign for a new FT somewhere else anyway plus pay moving costs, admin fees, credit check fees, anything-else-the LA-can think of-fees

c)sign up for the new FT (remember the advantage to this one is that your rent is fixed for the term of that FT) but negotiate for any LA fee to be waived (go direct to the LL)

d) Talk direct to the LL and see if you can reach an agreement to go onto a periodic tenancy but be aware that just as tenants like a measure of security, so do LLs.


Going onto a periodic contract after expiry of a FT is not a "tenant right" as such - as it is a description of the tenancy when the original FT expires and:

(1) there has been no expression of intention from *either* party to enter into a new FT, or

(2) where both parties consent to continuation of the tenancy as a periodic arrangement, or

(3) the tenant unilaterally decides to stays put ( and subsequently finds him/herself in receipt of an appropriate notice to quit)

Do you have the name & address of your LL? - you *are* legally entitled to this info, and talking to them is probably the best way forward.

Bear in mind that the LA will also probably be pushing the LL to pay a separate renewal fee: highlight to the LL what a reliable tenant you've been and how the LL will have to fork out for an EPC for a new let starting after Oct 1st etc...

ginvzt

tbs624 wrote: »

Do you have the name & address of your LL? - you *are* legally entitled to this info, and talking to them is probably the best way forward.

Bear in mind that the LA will also probably be pushing the LL to pay a separate renewal fee: highlight to the LL what a reliable tenant you've been and how the LL will have to fork out for an EPC for a new let starting after Oct 1st etc...

Oh, EPC was done - by different agent on October 1st. We did indeed get an address of LL. That was a bit fun to hear the conversation to be retold to me by OH (they refused saying that we don't need LL's address and we can't get it, when he quoted the law, LA replied "yes, I know, but why do you need the address?"; in the end we did get it a few weeks ago).

When they send us a request to renew the AST, they put in the covering letter that if we do not wish to renew it, "please send us your 1-month notice".

Thanks for help everyone!

dreamalittle

I can sympathize. Just had a letter from our LA saying that our current lease is up at the beginning of January. It says there are three options: lease is renewed for another year (at a cost to us of £50, IIRC), landlord gives notice or we give notice. No mention of the option of letting it lapse onto a periodic.

Thing is, the lease we had for this year (our second year in the house) is essentially the same as a periodic contract - they wrote in a break clause so that we could give one month's notice at any time after the first month and the landlord could give two months notice.

I went along with this last January because it meant that our deposit would be lodged in a protection scheme. But surely they can't justify charging us for a lease which gives neither us nor the landlord any more rights than we'd have if it just rolled over to a periodic tenancy?! Ludicrous.

Now I have to decide if refusing to pay is worth the argument and the risk of having notice served on us. The place is a bit tatty, but it's a fair bit cheaper (at least £100-£150pm) than anything similar nearby, and we'd like to have the option of buying our own place early next year so don't really want to get tied into another six-month contract. So annoying.

neas

Sorry to ask a question rather than discuss but:

If you roll into that peridoict tenancy.. could they not after a year of tenancy try to put the rent up?... thereby requesting a rearrangement fee (60 quid) and put the rent up.

Would this be on a periodic or a 6 month AST? Im just wondering for myself you see.... LA has allowed us to roll onto periodic... but in contract states they will try and put rent up after 1 year in property...

When putting rent up do the LA have to:

1. Give 2 months notice if on a periodic?
2. Be only once a year?
3. Have to produce a new 6 months AST rather than a periodic i.e you have to re-sign up for another 1/2 a year or move out?

Cheers,