Can EA take a renewal fee after your AST finishes and you go into roll on basis??

tenke

Just got a message from our EA saying our AST is finishing soon...ironic as it finished last friday!:rolleyes:

As we had decided to continue into a roll on basis, we just didnt think about contacting them. We continued like that on previous places we rented, no problem.

Now they say we have to pay a renewal fee if we want to stay in the property...

Question : Can they take a renewal fee if we stayed on a roll on basis? Is that legal?

I know when you renew and make a new contract you are liable to fees, but this would just be continuing our old contract, only with the freedom to leave ASAP if we bought a house for example...

It p...es me off, that it we were not contacted a month before, to be advised of any fee for " staying with them"

If we dont want to do a new 6 month, can we get out say in a month, or are we leagally obliged to another 6 month as the AST has run its course??

Any help appreciated:T

tbs624

If you are in Eng/Wales then upon expiry of your FT, unless the parties have agreed to a new FT, your tenancy becomes a statutory periodic one, with the same terms as the original AST, bar "determination" ( you have to give one month's notice and the LL has to give you 2, to tie in with the rental period.) The earliest the LL/LA can effectively now give you notice is just before your next rent payment becomes due so you have at least 10 weeks or thereaboutsif they want you to go.

LAs will always try this renewals fee nonsense on - there is no additional work for them to do as the periodic arises by law, not by any action on their part. They will be raking off further commission on your rent payments so that should be enough for them. They are in a particularly weak situation if it wasn't mentioned at the start of your tenancy in writing or if it does not appear in your orginal AST. A void period on the property would soon wipe out their profit and cheese the LL off, particularly if you have been a reliable T.

Whilst you are still a T your LA is legally obliged to provide the name & address of your LL within 21 days of receiving a written request from you for that information. You should simply write a separate letter to the LA ( with a copy to the LL & a copy kept by you). Thank them for their letter about tenancy renewal and confirm that you are happy to continue under a Statutory Periodic Tenancy. I wouldn't even mention the renewal fee.

tenke

tbs624 wrote: »

If you are in Eng/Wales then upon expiry of your FT, unless the parties have agreed to a new FT, your tenancy becomes a statutory periodic one, with the same terms as the original AST, bar "determination" ( you have to give one month's notice and the LL has to give you 2, to tie in with the rental period.) The earliest the LL/LA can effectively now give you notice is just before your next rent payment becomes due so you have at least 10 weeks or thereaboutsif they want you to go.

LAs will always try this renewals fee nonsense on - there is no additional work for them to do as the periodic arises by law, not by any action on their part. They will be raking off further commission on your rent payments so that should be enough for them. They are in a particularly weak situation if it wasn't mentioned at the start of your tenancy in writing or if it does not appear in your orginal AST. A void period on the property would soon wipe out their profit and cheese the LL off, particularly if you have been a reliable T.

Whilst you are still a T your LA is legally obliged to provide the name & address of your LL within 21 days of receiving a written request from you for that information. You should simply write a separate letter to the LA ( with a copy to the LL & a copy kept by you). Thank them for their letter about tenancy renewal and confirm that you are happy to continue under a Statutory Periodic Tenancy. I wouldn't even mention the renewal fee.

Hi,

Thanks for your answer:j

I find quite useful that you mention by Law the statury periodic tenancy begin if nothing not new 6 month renewal agreed beforehand.

They did mention the renewal fee if " I wish to stay on the property" so I guess it is very ambigous and they definetely want to milk me for some money...

What I find annoying is that they are advertising in their current lettingS, NO TENANT LETTING FEES !!!
How can they, then charge their already tenants, renewal fees, if we choose to continue putting our money in their accounts for no specified period??

The greediness of some EA just disgusts me!!!

God cant wait to have my own place and my own rulesssssssss !!!

Zelie

You're already on a periodic tenancy. They should have whined about fees BEFORE this happened and not after.

Trading Standards might be interested in the discrepancy between what they advertise and what they do.

franklee

tenke, Do check that you haven't been served a Section 21 notice requiring possession. Sometimes agents serve this shortly after the start of the tenancy in order that they can wring renewal fees out of you as it's a deterrent to remaining on a periodic tenancy. If there is a S21 you really want written acknowledgement it's now withdrawn as they have offered you can stay.

poppysarah

I'm surprised if shelter don't have this as a FAQ already - and have a letter ready to print.