Admin charge to renew lease

PJD

Thanks Olly.

The lack of a reply could be a good excuse to ring them and check that they've recieved my letter... - which will give me the opportunity to ask them

#1 why they are blatently trying to rip me off.

#2 why they didnt have the decency to reply.

Ian_Griffiths_Halifax

You didn't ask for a reply though PJD, you made a statement. They may have just accepted it! It would have been courteous to respond though!

I would send another letter, attaching a copy of this letter, and ask that they have received it and that it has cleared up the matter. Send it Recorded Delivery this time.

PJD

Fair point, that's true enough.

Thanks, I will give them another week, then consider following it up... - at the end of the day, if I have avoided this rip off charge then i'm happy.

50plusabit

I would not worry any further, if your fixed term has come to an end, you are already in a periodic tenancy, and this can only be changed with a notice to vacate, I'm sure the LL would not be happy if they did that.
A new tenancy after every fixed term, it's purely for the agent to make an amount during the tenancy. If a tenant gets to around 2yrs without a new tenancy agreement, it is a good idea to to give a new one, just to keep up with new terms and laws.

PJD

Hi,

I finally got a reply back from the LE.

It appears that I did sign a contract which states "An Administration fee of £25 plus VAT is payable on any Supplementary Agreements for extended periods / renewals or for alterations / changes to name / occuant(s) during the Tenancy".

So I guess I'll just have to pay up, - not sure how to strike it down as an unfair term!

Oh well least i tried.....

50plusabit

PJD wrote: »

Hi,

I finally got a reply back from the LE.

It appears that I did sign a contract which states "An Administration fee of £25 plus VAT is payable on any Supplementary Agreements for extended periods / renewals or for alterations / changes to name / occuant(s) during the Tenancy".

So I guess I'll just have to pay up, - not sure how to strike it down as an unfair term!

Oh well least i tried.....

The unfair term is the charge, legally when the fixed term AST has come to an end, it automatically reverts to a Periodic Tenancy, by law.
You can put what you like in a agreement, but if it is challenged as a unfair term, you can not enforce it.
Ring Shelter they are great with the legal stuff.

Zelie

I'm in no way an expert but surely the phrase 'Supplementary Agreements for extended periods' could refer only to situations where you and the LA drew up a new AST? As it currently stands I wouldn't say you have any 'supplementary agreement' as you have both come to the end of the specific contract (the AST) and have reverted to the type of agreement the law states you must have.

Give Shelter a ring and find out for sure but personally I'd tell them to stick it.

PJD

50plusabit wrote: »

The unfair term is the charge, legally when the fixed term AST has come to an end, it automatically reverts to a Periodic Tenancy, by law.
You can put what you like in a agreement, but if it is challenged as a unfair term, you can not enforce it.

I'll give shelter a ring.

You say you can challenge it as an unfair term, - but what if i've signed my name by that term? Surely I agreed to it then? Can I still now say that I think it's unfair?

PJD

I spoke to Shelter, they confirmed that the LE didnt have to do anything at all after the 12 month period was over, and agreed that it could be argued as an unfair term. They said I could reply telling them this, or perhaps asking them to breakdown and justify the cost, and/or contact The Office Of Fair Trading and seek their advice also.

I may contact the Office Of Fair Trading and try and compose a letter of reply to them....

Thanks again all!

PJD

I have spoken to The Office Of Fair Trading, - they have told me that I have agreed to the terms and conditions, so therefore I will have to pay it.

As far as being an unfair term, the only person who can decide if it's an unfair term is a Judge.

So on one hand I have Shelter telling me that they want to charge me for doing absolutely nothing (apart from sending me out a "supplementary lease" form). And on the other, I have the Office of Fair Trading telling that I have to pay it.