Rental Agent asking for Rent 2 weeks early due to their New Year Hols

mariaadam

No No No thats not what I meant artful

Obviosuly they can contact the landlord directly....but its often easier to do it though the estate agent first as landlords can be here there and everywhere...especially if they have alarge portfolio.

If the landlord pays for the property to be fully managed then they will usually be more responsive to the EA.

Its much easier to get things being nice and only pull out the vinegar when necessary Obviously from my other posts I think you will agree that my advice is very fair and hopefully Olivia will get what she needs.

Good Luck Olivia

DVardysShadow

oliviaolivia12345 wrote: »

Is this really the case? Can I really refuse to pay the renewal fee - it is in my contract you see.

Absolutely. Your right to a Statutory Periodic Tenancy derives from law and does not require any action from yourself or the Landlord. You just ignore the renewal notice and if the LA or LL asks, you say you are happy to let the tenancy go Statutory Periodic.

mariaadam

Erm hello?? If she has been in the property for the agreed period then I think you better look into your 'advice' a little clearer.

How abusive can you be? I think you are a dreadful person. I didnt realise it was ok to be bullied on the wall.

Geenie

I am a LL who has tenants who pay in cash. It is cleared on the same day they pay it in! If the agency decide not to open on the 3rd January, which is a Sunday, then they should accept payment on the 4th, a working Monday! After all, they are the ones who have decided to shut up shop from the 23rd of December! Why should the tenants be penalised for them taking a jolly for nearly 2 weeks! :rolleyes:

Get advice OP, as this strikes me as totally unreasonable......along with your renewal fees every 6 months.

theartfullodger

Olivia asks...

Is this really the case? Can I really refuse to pay the renewal fee - it is in my contract you see.

Yes (-ish..).. Three points....
a) The tenancy does not need to be renewed anyway: If Tenant & LL do nothing it just keeps rolling on as a "periodic tenancy" with all other terms as in the initial fixed term, as DVS said.. (It is in Housing Act 1988 Sections 5 & 8 if you are really interested)
b) I think that OFT would have ruled getting the tenant to pay for something they don't need like this is unfair... The agent is the agent of the landlord (not the agent of the tenant) and if the landlord wants the thing renewed (and the tenant agrees - but he does not have to agree..) then the landlord should pay..
c) Just because your contract says something doesn't mean it is right: e.g. It can say "Tenant must give at least 2 months notice to quit" (monthly paid rent) but that doesn't change your legal right to give just one-month notice (expiring on next rent-day).

Agents charging tenants for this is just another example of why the letting agency business needs cleaning up,, and the cowboys being sent back to the plains of north-America..

Cheers!

Lodger (A Landlord: A Registered, Accredited, trained (including Law Society Accredited training), member of NLA & RLA: And I still get things wrong...)

PS I take my letting agent out to lunch once a year, at least: They are good, know their stuff (usually), and charge reasonable-ish rates...

DVardysShadow

mariaadam wrote: »

Erm hello?? If she has been in the property for the agreed period then I think you better look into your 'advice' a little clearer.

How abusive can you be? I think you are a dreadful person. I didnt realise it was ok to be bullied on the wall.

As you claim to be a professional, you will be held to the wall for your advice if it is wrong.

If you only think I am dreadful, I have not been hard enough on you.

mariaadam

hmmmmm very strange

theartfullodger

Maria... your record speaks for itself....

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Geenie

DVardysShadow wrote: »

Absolutely. Your right to a Statutory Periodic Tenancy derives from law and does not require any action from yourself or the Landlord. You just ignore the renewal notice and if the LA or LL asks, you say you are happy to let the tenancy go Statutory Periodic.

Only problem with this is if the contract between tenant and LA states it needs to be renewed every 6 months, and you don't do this, you could be given notice to leave I believe! I am not a fan of LA's, but I think it is unfair to come down on mariaadam for having the balls to post on here. Give her a fair shout and point of view without being nasty.

LydiaJ

If Olivia keeps having to renew her 6 month contract, then she's obviously a fairly long term tenant, and if the LL keeps being happy to renew with her, then she's obviously a good tenant, not a nightmare.

Do you really think most sane LLs would prefer a void, followed by who knows what kind of T, to a statutory periodic tenancy with a reliable long term T like Olivia? If she's in any doubt, she has only to contact the LL herself and explain, and check that the LL won't chuck her out if she moves onto a periodic tenancy.

Oh, and Olivia, it may be useful for you to know that you have a legal right to get the LL's address from the LA. Request it in writing (send it recorded delivery) and they have to let you know within 21 days.