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Tenancy renewal rip off

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Comments

  • franklee
    franklee Posts: 3,867 Forumite
    Part of the Furniture 1,000 Posts Photogenic
    edited 11 February 2010 at 2:48AM
    G_M wrote: »
    Err: The advice is:

    As FF says, do NOT sign a new agreement. Then your tenancy will automatically continue as a monthly periodic tenancy.

    still stick to your guns. Do not respond to the agents. Do not sign anything. Do not DO anything.

    The only option they have is to give you 2 months notice and why would the LL do that? He loses rent while re-advertising. He pays new agency fees. No way!
    I agree but it may be the S21 notice is already served. Some agents serve it as routine (often shortly after the tenancy starts) so a tenant going onto a periodic tenancy has already had their notice. If that applies to the OP then he needs the S21 withdrawn or he has lost his right to two months security on a periodic tenancy. By passing the agent and talking direct to the LL is the way to go if an S21 has been served as the agent isn't acting in the landlord's interest as it's partly a ruse to make the tenant sign a new agreement so the agent gets paid renewal fees.
  • You will be totally fine. As everyone has said, tell your landlord about statutory periodic tenancies (the 'rolling' one that you AUTOMATICALLY convert to if no renewal is signed). It should be quite evident to him that the agent is ripping him off. He probably can get out of the agent's contract no matter what is written thanks to consumer protection laws, but that's his problem.

    If the landlord (or really the agent) issued you with a S21 notice at the beginning of the tenancy get the landlord to write you a note withdrawing it. Sorted and you can rent for as long as you like.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    franklee wrote: »
    I agree but it may be the S21 notice is already served. Some agents serve it as routine (often shortly after the tenancy starts) so a tenant going onto a periodic tenancy has already had their notice. If that applies to the OP then he needs the S21 withdrawn or he has lost his right to two months security on a periodic tenancy. By passing the agent and talking direct to the LL is the way to go if an S21 has been served as the agent isn't acting in the landlord's interest as it's partly a ruse to make the tenant sign a new agreement so the agent gets paid renewal fees.

    That is a good point. Go back to your original paperwork (you know, all the papers neatly filed away marked 'house rental') and check whether, when you signed your contract (or at any time since) you were given a S21 notice to quit. If not, you are fine.
  • mikey72
    mikey72 Posts: 14,680 Forumite
    My agents either had a flat fee for finding tenants, paid by me as the landlord, or the first six month period as an agreed percentage if they were my agents. I went with the sixth months, then told them I no longer needed their services as it seems a good point to stop them, and signed my own contract with the tenant directly. No problems at all so far.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    mikey72 wrote: »
    My agents either had a flat fee for finding tenants, paid by me as the landlord, or the first six month period as an agreed percentage if they were my agents. I went with the sixth months, then told them I no longer needed their services as it seems a good point to stop them, and signed my own contract with the tenant directly. No problems at all so far.

    That's worked out well for you, but
    a) agencies often charge tenants seperately (often without the LLs even being aware!) and
    b) it depends a lot on the T&Cs in the agency contract with the LL. Some require a notice period if the LL cancels the management contract. Some commit the LL (or tenant - though not sure how!) to 'renewal' fees where a tenant introduced by the agency renews the contract.

    It's all a messy area where agencies often try to charge for things the LL didn't intend to commit to or didn't realise he was commiting to. Sometimes it's legal/enforcible, sometimes it's not!
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