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

franklee

If a tenancy is allowed to go periodic then it is the same tenancy. Therefore stating that the commission is due for the duration of the tenancy would include the whole time the tenant is on a periodic tenancy in my humble opinion.

As they also state the charge is [FONT=arial,helvetica,sans-serif]irrespective of the initial term negotiated unless agreed[/FONT] [FONT=arial,helvetica,sans-serif]otherwise in writing [/FONT]I think they are being pretty clear that it is the whole time the tenant is there.

Of course as they are not managing the property then they are getting paid to do nothing so I wonder why any landlord would sign up to such terms in the first place but it does seem quite common that they do.

Relying on a verbal agreement with an agent is not a good idea!

As far as I know the Foxtons case is still ongoing.

bdl1brick

I had a similar thing with London agent on a rent collection basis and although they were no longer collecting rent as the tenant wanted to pay me rent directly they were still claiming fees after initial 12 months. It is quite normal for London agents to have this in the terms that fees continue until the tenant moves out.

Its a bl**dy cheek to be honest and I'm going to make sure I will never agree to one of these deals again.

I have managed to agree a setttlement with my agent to pay about 3 mths fees and then they will waive the ongoing charges but it took a while and did mention the foxtons ongoing case to them.

I was told the best option is to mention Foxtons -v- OFT case and say you are not paying anything further as the agreement is unfair, if they want to sue you then let them get on with it and you can get the case 'stayed' until a verdict is reached on the foxtons case.

kit

To be honest, I would tell them that you do not agree with their interpretation of the contract and that you will not be paying.
The worst they can do is take you to court for the money and I have a feeling that they would lose! A periodic tenancy is not renewed, its just continued.

Zelie

Ask them to provide evidence that they either renewed or extended the tenancy. They will be unable to do so as they have done neither.

If they push it then PLEASE go for the 16p idea cos that would rock!

ncooper1974

Thanks everyone for taking the time to respond - really appreciate it.

I think my mistake here is that I knew about the term before I signed, but I did query with the agent if the term applied to me going periodic, and he said no. Next time, i'll make sure I'll remove the term. Just unfortunate the agent is no longer working with the agency, although to be fair, I doubt he would 'remember' the conversation if he did still work there!

I do think its an unfair term - they are neither managing the property, or collecting the rent, so their involvement in the property ended when they introduced the tenant.

In terms of what I'll do next, I will reply and state that I think its an unfair term, and I'll mention the Foxtons -v- OFT case.
I didn't know that if they take me to court, and won, then I can get the case 'stayed' - so thanks for the advice Bdl1brick!

Worse case scenario and I get taken to court, and loose, what sort of fees am I looking at? obviously I'd have to pay the damn commision, but do I have to pay their court fees? any other fees I should know about?

Here is the draft letter I will be sending to the agent:
Hi Greg

Having taken advice from my solicitor, it is my belief that the term is unfair.
I do not agree with your interpretation of the contract, and thus I will not be paying. If you can provide me with any evidence that you have either renewed or extended the tenancy, then I will give this case further thought.

My solictor further advised me that there is an ongoing case - Foxtons v OFT, and we will both be monitoring the outcome.
If you decide to sue me, then I will simply get the case 'stayed' until a verdict is reached on the Foxtons case.

Regards
Nick

comments???

bdl1brick

I would drop the last paragraph for now as you don't want to bring in the sue option just yet! -

'If you decide to sue me, then I will simply get the case 'stayed' until a verdict is reached on the Foxtons case'

kit

I agree with bdl1brick.... drop the last sentence.

ncooper1974

I sent the email yesterday (with the last sentence dropped), and no reply as yet.
Furthermore, I have tried to lodge a complaint against this company (i so want to name them!!!) with the NAEA (as they have their logo on their web pages) and it transpires that they are not a member.

I believe they are now being investigated about this by the NFOPP.

I'll keep this thread updated....

kit

ncooper1974 wrote: »

I sent the email yesterday (with the last sentence dropped), and no reply as yet.
Furthermore, I have tried to lodge a complaint against this company (i so want to name them!!!) with the NAEA (as they have their logo on their web pages) and it transpires that they are not a member.

I believe they are now being investigated about this by the NFOPP.

I'll keep this thread updated....

ooohh good one! They are going to regret messing with you :T :rotfl:

ncooper1974

just a quick update on this before i retire for the weekend.

I've had a reply from the director of the EA, who informs me I need to complete an internal complaints procedure before referring the matter to the OEA.

He also thanked me for highlighting the matter relating to the NAEA logo, and said "our membership is currently being addressed"

So I'll complete their complaints form, and see where it takes me....