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

DVardysShadow

Geenie wrote: »

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.

It is on the basis that she claims to be a property professional with 8 years experience, that I come down very hard on her. We have a tenant who is being ripped off with 'fines' and who is being made to pay £70 for a renewal contract. Mariaadam does not mention or even concede the option of letting the contract run Statutory Periodic - instead, she suggests that the tenant goes ahead with a 12 month contract.

As for security, with the AST, at the end of the term, you are still on 2 months notice, so the fact that on statutory periodic you are always on at least 2 months notice makes AST very little more secure than being on statutory periodic - it is actually more secure on Statutory Periodic if the AST is accompanied by a Section 21 notice.

Jowo_2

oliviaolivia12345 wrote: »

Thanks again to all.

I would like to avoid paying this fee twice a year, I am broke as it is with the £700 my rent is each month.

Am I in a position to ask to go onto a rolling contract, and if so would that mean I do not have to pay the renewal fee in Jan? I am not sure about what my legal rights are on this stuff. Is a rolling contract generally better than a 6month or 12 month agreement?

If you are unhappy to pay the fee to renew, then either negotiate or challenge this or go onto a periodic tenancy which automatically happens if you do not sign a new contract. However, this means that you never have any security of tenure past the 2 months notice that the landlord can serve, though it may better suit you to be able give 1 months notice to end it (timed to expire with the end of the rental period) rather than being locked into a longer contract.

If you are struggling with the rent, I suggest you renegotiate this at the end of the current contract or find cheaper accommodation elsewhere - some areas have an oversupply of properties and market rents are falling.

tbs624

DVardysShadow wrote: »

Mariaadam does not mention or even concede the option of letting the contract run Statutory Periodic - instead, she suggests that the tenant goes ahead with a 12 month contract....

...which is standard LA behaviour. There are usually three different reasons(or combinations thereof) for giving that advice:

(1) the LA is not familiar with the basic tenets of LL&T law as applicable to ASTs

(2) the LA likes to be "certain" that s/he will continue to get commission for a Fixed Term period, rather than worrying about having to do some work and filling an empty property at short notice.

(3) the LA wants extra £££ in random "fees" from both T and LL, on top of the standard commission

As for renewal fees, most deluded are the LAs who tell Ts who have agreed with the LL that they would go onto a stat periodic that they need to call in to the office "to sign their new periodic agreement":rotfl:

Then there are the LAs who tell good Ts if you want a new Fixed Term "we will need to re-credit check you in case your employment/financial status has changed"...ahem..".there will be a fee"...cough...

OP - find out who your LL is. You can do this by paying 4 quid at the Land Registry or you can request the info from the LA - if you do so in writing the LA *has* to give the info within 21 days or they will be committing a criminal offence.

No LL wants to lose a reliable T because of an idiot LA. A void period will cost a LL more than any fee gained by an LA, and it will obviously also costs the LA in terms of lost commission. Unfortunately, many LLs have absolutely no idea of how an LA acts towards their Ts.

T should take the time to contact (a) their local Private sector rentals officer at the council (b) the local Trading Standards Officer (c) their local MP (d) the Housing Minister (e) the campaigns officers at CAB, Shelter etc on the issue of LA fees.

ARLA etc lobby hard and long on LA issues - private sector tenants need to make their voices heard http://www.writetothem.com

tbs624

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....

maria - do post back and expand on this comment.

theartfullodger

http://forums.moneysavingexpert.com/showthread.html?p=27646393&highlight=#post27646393

Enfieldian

Miss, miss! Artful and DVardy are picking on me........!

lellow_lorry

paying on the 23rd? Any agent asking that if payment is not due till 3rd is taking the P...If it was the 31st then it would be part reasonable, but at the end of the day its before the agreed collection date and would require agreement, otherwise .......what's so bad about the 4th jan? And definitely no fine(would not stand up in court)

Fire_Fox

Enfieldian wrote: »

Miss, miss! Artful and DVardy are picking on me........!

Come on now guys, back off a little.

N79

Fire_Fox wrote: »

Come on now guys, back off a little.

Your right that the last post was going to far but it has to be ironic that someone claiming to be a letting agent comes on here, spouts a load of half truths and rubbish and then runs of to complain when people who have bother to understand at least most of LL&T law (presumably because they have millions of pounds at stake) post in contradiction and then they claim to have been bullied! Those of us who doubt the utility of most agents could not have asked for a better demonstration!