agent trying to charge me commision for letting tenancy run into periodic

ncooper1974

Like the idea.

Someone over on landlordzone suggested that I serve a s21 to evict the tenats, and then issue a new tenancy, thereby breaking the old one, and so should prevent the agent from making a further claim.
Not sure if it will hold up though, but its a thought...

ncooper1974

Its all gone quiet with the agent. I sent an email last week, and then another follow up email chasing my last email, but still no contact.

I'll give him a call later today, but my feeling is that they have no case for commision and will now just let this drop.

poppysarah

A new tenancy would trigger need for HPC surely? And re-sorting the deposit maybe?
Loads of hassle...

ncooper1974

True - I would need to sort out a HPC (£70ish) but that would be the only cost. And I'll be happy with re-sorting the deposit.

To be honest, and its not really money saving, I would rather be out of pocket by a few hundred than line the pockets of the agents for doing ABSOLUTELY NOTHING!
I dont mind paying their fees when they find a tennant, but thats the end of their involvement. I dont see what right they have to come back a year later for more money...

Radsteral

i like the idea of 1 quid rent .

and that cheque for 16 pence will be too shameful for them to bank lol

i would go for this .. if you want you can put my name as a tenant if that helps

poppysarah

ncooper1974 wrote: »

. I dont see what right they have to come back a year later for more money...

They'll be inventing other fees to.

The fee they take should cover all the bits and bobs. Their bad business model (perhaps they pay too much in rent!) isn't your problem.

I think letting agents have been taking the *&%^ for some time now.

ncooper1974

I've heard back from the agent now. Here is the basis of his claim for commision:

[FONT=arial,helvetica,sans-serif]3.9 [/FONT][FONT=arial,helvetica,sans-serif]COMMISSION FOR LET ONLY SERVICE[/FONT]
[FONT=arial,helvetica,sans-serif]Our commission for a ‘Let Only’ service is charged at 10% of the total [/FONT][FONT=arial,helvetica,sans-serif]rent reserved for the duration of the tenancy plus VAT irrespective of the initial term negotiated unless agreed[/FONT] [FONT=arial,helvetica,sans-serif]otherwise in writing [/FONT]
3.10 RENEWALS
Our commission is payable in full if the [FONT=arial,helvetica,sans-serif]tenancy with any existing tenant introduced by us is extended or renewed for any period and whether on the same[/FONT] [FONT=arial,helvetica,sans-serif]or different terms and whether negotiated by us or not[/FONT]
3.11 THIRD PARTY INTRODUCTIONS
In the event of any third party associated with the Tenant entering into a

subsequent Tenancy Agreement without there being any intervening tenancy including any change of sharers, commission shall be payable to us at the commencement of any such tenancy at the rate previously agreed

I think I can ignore section 3.11 as there is no 3rd party involved. But does the wording for section 3:10 support his claim for commision if i let the tenancy turn periodic?

princeofpounds

Google Foxtons - OFT. I think this test case applies to you, as the OFT took Foxtons to court to prevent them getting continual renewal fees without doing any work. I'm afraid I don't know how it turned out as google is swamped by the initial news, but should be up to date somewhere.

ncooper1974

Spent the best part of an hour trying to find a resolution to the Foxtons case, but no such luck.
The only thing I can find is that if Foxtons loose the case, they will appear. So looks like this can go on for years!

poppysarah

I'd not pay. It's money for nothing. They take a regular fee don't they?