Advice - landlord vs estate agent

NotJustAny...

So, we are the tenants in this sorry affair.

We have hit our 12-month anniversary of our tenancy agreement. We live in a 2-bed flat in Golders Green. Our landlord has decided he does not want to pay the estate agents their commission which they are quite rightly owed.

He wanted to tell them:

a. to draw up a new contract passing the fees onto us in higher rent
b. us to then refuse to sign this contract so that
c. he could refuse to pay the fees. All the while we continue to pay rent.

Naturally, we refused this enchanting offer and explained clearly that his dispute was with the agents, not us. I also went to see the agent to explain our predicament (essentially 'do as I want or I put up your rent'.) The agent was very helpful and supportive and explained he was not able to change the contract without us consenting to the new one. She also added she has since found out none of the other agents in the area will deal with him as he has pulled these shennanigans before.

She has since spoken to him today, and he has agreed to keep the current contract, current terms and cough up for the agent. This all sounds hunky dory and saves us the hassle of moving. But my feeling is - this isn't ended.

So, maybe it seems like a stupid question, but moving is expensive, and we are a young couple with limited funds and time. Should we move?

There are similar / cheaper flats in the same area, but the initial outlay (deposit + fees + first months rent) will be high and will push our finances to the edge. Please, I would love some advice / opinions on this. It is causing a lot of stress and worry.

Thank you,
NJA

mlz1413

Have you got a new signed contract? If so then you are protected for the length of that contract.

Also if no other agent will deal with this LL then his only option is to do everything himself and if he has been around all the agents it sounds like he doesn't want to and he is running out of options.

I'm not sure why your LL is making so many enemies, he should be well within his rights to tell an Agent he doesn't want them to manage the property any more after a contract ends, then the LA and LL would send you the tenants letters advising who to contact for problems and where to pay the rent, there is no need for a,b&c.

If your happy in this place and you have a new contract for 6 or 12 months then I wouldn't worry about anything now, but make a decision based on next years end date.

If you don't have a signed contract and the LA is being helpful you could ask them if they have any other properties and if they can reduce any costs due to already knowing you.

Good Luck.

theartfullodger

Why sign a new agreement?? If you do nothing it will carry on indefinitely as under periodic/statutory tenancy ...
see,...
http://www.landlordzone.co.uk/forums/showthread.php?t=10908

so unless you or the LL do anything (you give notice you are leaving or LL giving notice to end tenancy) you still have a tenancy.

Suggest you visit CaB or Shelter for a chat..
http://www.citizensadvice.org.uk/ &
http://www.shelter.org.uk/

Shelter help-line is 0808 800 4444

I'm reading Shelter's "Housing rights guide 2008-2009"...
...
When either a periodic or fixed-term tenancy comes to an end, the tenant does not have to leave, because it automatically becomes what is known as a statutory tenancy. This means that, although the contract between the landlord & tenant has ended, the tenancy still continues on substantially the same terms as before and with the protection of the Rent Act, as long as the tenant continues to live there.

(NB I'm a Landlord).

What the Landlord is suggesting is disgraceful! Giving decent Landlords a bad name!

Cheers & best wishes

Artful

mlz1413

Remember once the AST is periodic your LL can give 2 months notice to end the agreement, on the plus side you can give 1 month.

NotJustAny...

mlz1413:

We are on a periodic contract. We have not signed a new contract. He did not want us to sign a contract, which we had no issue with. However he seems to think his unwillingness to pay the agency their fees (7% of the rent per annum) is something to do with us.

Artful:

Agreed, we are very unhappy with his behaviour. Thank you for the links and the numbers! We have been viewing flats today and have seen several that are cheaper & nicer in the area, so I think we will give our 1 month's notice and go. I don't think it's worth the hassle of staying as I think this will continue to be an issue. Good luck to his next tenants if he can find any!

Our LA (who has been very good) sat down with the LL today and explained to him that we were NOT underpaying for bills. (Not likely with them only putting the heating on for 1 hr a day in the middle of winter in a single-glazed flat...) But I no longer have any confidence in the integrity of this LL, so we'll move on.

Thank you for the help!
- NJA