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Letting agent renewal fees-are they justifiable?
Del_Boy_Gupta
Posts: 292 Forumite
Hi I just liked to gauge an opinion out there.
Basically I took a let only service out with a letting agent for which they charged 9% +vat.
I had a 6 month AST, followed by a new one for a another one for 6 months- both only in my name. Anyway at the end of this we renewed for 12 months, however by this time my partner was named on the mortgage with me and the new AST was in both of our names. As such we continued foolishly to pay the 9%+vat fee the agent was charging on renewal.
Anyway the 12 month AST ended in June 2008 and since this time since the tenant refuses to sign a new one (they are on benefits thanks to the agent who lied to me to get the tenant in therefore eviction is difficult) and they have been on a periodic contract.
The letting agent has invoiced me for another 9% fee for 6 months of fee and has stated that he will proceed with legal action if not paid within 7 days. In the interim I have found mistakes in the work he did in securing the tenant and in the S21 notices he completed for me.
He points to the residental service agreement which I signed in 2006 when I first started with him which since I was the sole landlord named on the AST was only in my name as the reason why he can extort the full fee every 6 months or so
.
This doc states:
Landlords undertakings:
a) I agree to pay ...... a fee of 9% of the total gross rental due for the entire agreed term of the tenancy or any extension thereof
b) the fee for any subsequent renewal of the tenancy with the same or associated party to the original tenant is 9% of the gross rental, due and payable whether or not.... are instrumental in effecting the renewal.
Since my partner never signed the RSA and she is now named on the last AST does this nullify the signed RSA since not all landlords have signed?
Also does the fact that the tenant is on a periodic tenancy suggest I can go and tell the letting agent where to stick it since there is infact no renewal undertaken or will I have to continue to pay up till the tenant eventually leaves even if that is in 15 years time?
Basically I took a let only service out with a letting agent for which they charged 9% +vat.
I had a 6 month AST, followed by a new one for a another one for 6 months- both only in my name. Anyway at the end of this we renewed for 12 months, however by this time my partner was named on the mortgage with me and the new AST was in both of our names. As such we continued foolishly to pay the 9%+vat fee the agent was charging on renewal.
Anyway the 12 month AST ended in June 2008 and since this time since the tenant refuses to sign a new one (they are on benefits thanks to the agent who lied to me to get the tenant in therefore eviction is difficult) and they have been on a periodic contract.
The letting agent has invoiced me for another 9% fee for 6 months of fee and has stated that he will proceed with legal action if not paid within 7 days. In the interim I have found mistakes in the work he did in securing the tenant and in the S21 notices he completed for me.
He points to the residental service agreement which I signed in 2006 when I first started with him which since I was the sole landlord named on the AST was only in my name as the reason why he can extort the full fee every 6 months or so
.
This doc states:
Landlords undertakings:
a) I agree to pay ...... a fee of 9% of the total gross rental due for the entire agreed term of the tenancy or any extension thereof
b) the fee for any subsequent renewal of the tenancy with the same or associated party to the original tenant is 9% of the gross rental, due and payable whether or not.... are instrumental in effecting the renewal.
Since my partner never signed the RSA and she is now named on the last AST does this nullify the signed RSA since not all landlords have signed?
Also does the fact that the tenant is on a periodic tenancy suggest I can go and tell the letting agent where to stick it since there is infact no renewal undertaken or will I have to continue to pay up till the tenant eventually leaves even if that is in 15 years time?
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