New TA issued - but I don't agree with bits added! HELP!

Twylite_x

We are coming up to the end of our current TA - 15 June - and the LA has just issued us with our new TA.

Reading through it, they have changed the TA from the previous 2 that we have signed and have now added in Administration fees (£51.75) and a pre-contractual end of tenancy fee (£150 + VAT) plus changed some of the wording in the clauses to the effect that if we don't pay either of the fees then they can take it out of our deposit.


I don't agree with the extra costs added so what can i do now? They have never informed me, prior to this new TA that they would be charging me anything extra- and I don't even know what a pre-contractual end of tenancy fee is!!??!!
I want to call the LA and ask why these fees have been added but realise that i've only 5 days before my current TA runs out and will definately not be able to uproot my family and find somewhere else to stay in such little time -

Eeeeek!! Please help -

tbs624

Twylite_x wrote: »

We are coming up to the end of our current TA - 15 June - and the LA has just issued us with our new TA.

Reading through it, they have changed the TA from the previous 2 that we have signed and have now added in Administration fees (£51.75) and a pre-contractual end of tenancy fee (£150 + VAT) plus changed some of the wording in the clauses to the effect that if we don't pay either of the fees then they can take it out of our deposit.


I don't agree with the extra costs added so what can i do now? They have never informed me, prior to this new TA that they would be charging me anything extra- and I don't even know what a pre-contractual end of tenancy fee is!!??!!
I want to call the LA and ask why these fees have been added but realise that i've only 5 days before my current TA runs out and will definately not be able to uproot my family and find somewhere else to stay in such little time -

Eeeeek!! Please help -

Have you ever been served a S21 Notice? (often given just after you have signed a tenancy agreeement)

If you do not sign the new agreement, your tenancy *can* continue under a statutory periodic agreement - you have to give one month's notice and the LL/LA has to give two. The LL/LA can decide to seek repossession of the property but if you have been a reliable T up until now they may prefer to look more closelt at other options.

I would confirm in writing that you are not happy with the terms of the new agreement because of these extra fees and that you wish the tenancy to continue under a periodic agreement. They should have organised themselves better. If you have the LLs name & address(to which you are entitled, by law) you could perhaps let him/her know: sometimes LLs are totally unaware of what fees are imposed on their tenants, and they should know especially when it may mean that the LL ends of with a rental void.

No training or expertise needed to set up as an LA, so don't simply take their word for it.Check Shelter's webpages on tenancy agreements.

Twylite_x

Hi!

My Landlord owns the Letting Agency so he is well aware of the fees!

I don't think i've ever signed a Section 21 - I don't have a copy of it if I have - ( Just about to go and google it to see what it entails! )

If I request to go to a periodic tenancy do they have to agree - I'll of course still be paying my rent ( In Fact rent has been paid for June 16-July 15 as they require cleared funds and it leaves my bank today! )

I know i'm sort of cutting off my nose to spite my face as if i went elsewhere to rent a new property they'll be more money to pay but i'm really not wanting to agree to pay to leave the property when the tenency ends! - especially as i've been an excellent tenant for the last 2 years!

Thanks for your help!

Fire_Fox

Don't do anything by telephone, you need a paper trail: cross out all the sections you don't agree with and return the contract signed and let them question you. OR write a formal letter (send recorded delivery) disputing the additional charges, clearly stating you would not have taken on the tenancy initially under these terms, and pointing out you have been an excellent tenant and wish to continue as such.

tbs624

Twylite_x wrote: »

....I don't think i've ever signed a Section 21 - I don't have a copy of it if I have - ( Just about to go and google it to see what it entails! )

You *don't* have to sign it - it looks like this.
It would be invalid if it had been given to you prior to you signing the tenancy agreement, or prior to the LL scheme-registering your deposit (assuming the property is in E/Wales)

Twylite_x wrote: »

If I request to go to a periodic tenancy do they have to agree - I'll of course still be paying my rent ( In Fact rent has been paid for June 16-July 15 as they require cleared funds and it leaves my bank today! )

No, they don't have to agree - they can choose to serve appropriate notice on you , hence the question about the S21. A LL in this situation has to decide whether it would be a good move to kick out a previously happy, reliable T and run the risk of a void and all the hassle of starting over with a new unknown T. You, on the other hand, also need to balance the fact that you will have to pay out all manner of "admin fees" if starting out with a new LA. If you have to move, you may want to find a private LL who self-manages and does not charges these unwarranted fees.

Your LL/LA should have given you the new contract well in advance of the FT expiry date: had you decided to up and off at expiry without notice because of the imposition of new terms he would have been left with a void on the property, which would quickly have eaten away the equivalent of the LL's new "earner"

Twylite_x

Thankyou so much, both of you, for your help!

No - We've never been served a Section 21 notice -

Hubby and I are going to go and see the LA this evening to tell them we're not happy with the new contract, that we will not be signing it and asking if we can go to a periodic one whilst they sort out a new TA.
I've also put this in writing and will be leaving them a copy!

Fingers crossed all goes well -

Ummm.... what happens if they really don't agree ?? Have i really got only 4 days to leave as this is when my current TA ends or do they have to issue a S21 to get us out so i've time to find somewhere.......
< can you tell i'm no good a legal jargon!! >

Somewhat confused Twylite !

Pepzofio

Your current TA does not end until one of you has served the appropriate notice on the other - all that is ending is the fixed term, after which you will roll onto a periodic tenancy.

LL then has to give you 2 months notice starting on a rent period, so if you pay your rent monthly and your fixed term ends on 15th June, any notice would have to be served on or before 16th of the month. So if LL served s21 notice on 17th June, he would have to give you 2mths from 16th July. I'm pretty sure that's how it works - I'm sure someone else will be able to confirm, or there are plenty of threads on here addressing the subject.

Has your deposit been registered properly? As if not, as tbs624 says, he cannot serve you notice anyway.

Pepzofio

For what it's worth, I would send it recorded delivery to the LA offices, not hand deliver, as (a) you have proof that they have received it and (b) more chance of getting past the fixed term end date without having a s21 served on you, buying you at least an extra month to find somewhere else.

Of course, LL may decide it's not worth the hassle of risking a void and leave you on a periodic.

tbs624

Twylite_x wrote: »

Ummm.... what happens if they really don't agree ?? Have i really got only 4 days to leave as this is when my current TA ends or do they have to issue a S21 to get us out so i've time to find somewhere.......

They have to give you your 2 months notice. As your rent payment is due on the 16th if you see the LA today they can give you notice which would mean you should leave by 15th August. It doesn't make any difference that you rent payment will have left your bank already , it's the date on which the rent becomes *due* that is relevant here.

If, however, you were really really busy and didn't manage to discuss this until *after* the 16th you *could* earn yourselves another month's grace because they have to tie the notice in with your rental periods so would then have to give notice before 16 July for you to leave in September. Depends on how good he is with his paperwork - some LLs would either insist you signed the new contract or they'd serve the two months notice as a matter of course until they'd finalised matters with you.

.

Blacksheep1979

Play them at their own game and ask for a rent reduction due to falling rent prices - make sure that the sum of the monthly reductions is more than the fees they're wanting to charge.

Twylite_x

Thankyou sooooooo much for all your help!

Gosh - My Hubby is working lates this week and I've got lots of appointments! - Plus Nursery meetings and have got lots of coffee and cake to eat/drink too.

Hehehe! Silly me, i forgot - so can't possibly make the LA this evening!:rolleyes:


Thanks again !