Letting agent has not confirmed renewal

theartfullodger

There can't be any implied expectation that as I haven't replied (or at least they have not acknowledged my reply), I'm 'giving' my 1 month notice 'because that's what their letter said' it there?

- Nope, unless you both sign a new agreement the old one carries on in "Periodic" form month-by-month. No new paperwork required.. Any court will find this to be the case.

If they do send a new contract, but say nothing about the fee - are they allowed to demand it later / take it out of deposit, or are they effectively accepting my request?

They can send what they like: If you don't sign it and return it it will have no effect....

You don't even need to reply to any letter sent, 'phone call made, request for your answer when LA comes round and knocks on your door. Tenancy simply becomes "Periodic". End-of.

You don't even need to let Landlord, Letting Agent, repair man (unwise..), new tenant.. come in and view the place. You just need to write & say you decline all visits in future without your specific, written, prior agreement which at this time you are not giving...

To become a Letting Agent requires...
- No qualifications
- No regulation
- No membership of any industry body
- No Criminal Records Check
- Not even decent bodily hygiene....

Sadly the ConDems decided to cancel the planned regulation of Letting Agents...

There are some good LAs out there, but judging from these boards they are a bit quiet...

Cheers!

Lodger

(Landlord)
PS Youa re in Engerland, right??

ceh209

aldredd wrote: »

I just worry that because I have no way of contacting the LL...

You ARE legally entitled to receive a UK address for your landlord. Request it in writing from your LA and they have to supply it within 21 days or they are committing a criminal offence.

HOWEVER... it may make them a bit wary of you, even suggest to the LL that he might want to get rid (can't have these tenants actually exercising their legal rights now can we?), so that's a call you'll have to make.

aldredd

ceh209 wrote: »

HOWEVER... it may make them a bit wary of you, even suggest to the LL that he might want to get rid (can't have these tenants actually exercising their legal rights now can we?), so that's a call you'll have to make.

And there is my concern - I rather get the impression that they're acting in their own interest not that of the tenant / land lord

aldredd

theartfullodger wrote: »

PS Youa re in Engerland, right??

Yes :beer:

princeofpounds

but don't think the LA allow it - it certainly wasn't an option on the renewal form, and I worry that they will just issue me my 2 months notice.

As pointed out, it is allowed under law if you spend just one day over the fixed term. It happens automatically.

If you want to contact your landlord, a good place to start is the land registry records for your property. for a couple of quid it will tell you their name and address (although it may be registered to your address if he was planning to move in there).

If you submit a request in writing the agents legally have to give you an address for the landlord, but this only has to be for service of notices, so they can still give their address if they like, but it might winkle the real address out of them.

If the agents continually block your communication efforts and send an eviction order, just don't leave. Your LL will probably have to appear at the court hearing and get all the paperwork.

Probably though the agents will now leave you alone. If they are on a managing contract for ~10% rent it's not usually worth their while to boot out a paying tenant for a £95 one-off fee, unless there is a huge queue of potential tenants waiting to get in.

theartfullodger

I just worry that because I have no way of contacting the LL, the LA will either 'speak on behalf of' the LL,

Under Section 48 of the "landlord & Tenant Act 1987" you MUST have been given an address for "serving notices" on Landlord or the rent ain;t due - Oh!!!!!! If you haven't been given an address, don't pay any more rent (no, really, don;t pay any more..) and you'll be OK.. but write & explain, calmly & politely, to agent and Landlord, c/o agent.

Address must be in Engerland & Wales...

Cheers!

Lodger

This address may however be Agents address...

Cheers!

Lodger

aldredd

theartfullodger wrote: »

Under Section 48 of the "landlord & Tenant Act 1987" you MUST have been given an address for "serving notices" on Landlord or the rent ain;t due - Oh!!!!!! If you haven't been given an address, don't pay any more rent (no, really, don;t pay any more..) and you'll be OK.. but write & explain, calmly & politely, to agent and Landlord, c/o agent.

Address must be in Engerland & Wales...

Cheers!

Lodger

This address may however be Agents address...

Cheers!

Lodger

They have provided my with the LL address for the purpose of serving notices, as they included it on the contract, but it's just the LA address

To be fair to the LL, they probably don't really want me hassling them - they probably went with a LA so they didn't have to deal with the hassle - I know (well, I figured + what I was told) they bought the property as an investment / to let, so probably want to keep their hands clean of the day-to-day managing of it.

Thanks for all your replies though - been some useful information, and although I wouldn't say my tenancy rights knowledge was poor, it wasn't great, and now know a little bit more.

Hopefully the LA will see sense and leave me in peace / just give me a new 12 month (happy either way as long as no £95 fee!). To be fair to them though, they have been largely good LA - always dealt with issues and followed them up with a call to ensure all is ok etc.
Only gripe was when one of them did a maintenance visit and 'commented' that we need to do a better job of cleaning as there was a bit of dust on one of the window-sills! :exclamati (we had a 4 month old baby, so cleaning window sills for their convenience was low on the list of priorities!) The property has of course been well looked after, kept tidy and clean (except the window sills it would seem!)

aldredd

Thought I would give an update.

Well, I officially hate letting agents, and will gladly never deal with one again (now that I know the last agent I had wasn't just a 1 off with how rubbish they are)

After I wrote to them telling them I was happy to stay, but wasn't willing to pay a £95 renewal - (but would pay something more reasonable), they eventually wrote back saying NO - I pay £95 or I don't renew.

So I just left it as it was, expecting to go onto a periodic monthly contract. (The existing contract ends 10th September). Now, they have just now emailed me telling me I must fill in & return a renewal form + fee to them asap. On the form, the options are...

• /we would like to renew the current tenancy agreement for a further

6 / 12 months and herewith attach my tenancy renewal fee of £95.00,
payable to xxxxxxxxx

• I/we would not like to renew the current tenancy agreement and shall vacate on the above date.

The above date being 10th September 2010

Am I right in thinking they can't do this - make us move out in 10 days?

Thankfully, we half anticipated this, and are looking for somewhere else, but we don't yet know for 100% if we're taking it, and if so, when.

Assuming I tell them I'm not paying or moving out on the 10th - they can give me 2 months notice (from end of rental month) right?
If I then decide I don't need 2 months - just 1 month, does my 1 month notice override their 2 months notice?

Thanks!

tbs624

If you have already been served with a s21 Notice of Intent to Repossess, earlier in your tenancy, and you don't move out, they can then proceed straight to court after your FT expiry. If they haven't yet served one they have to do so with the two months running to tie in with your "rental period" and again, if you didn't go to tie in with the notice, they would have to proceed to court. (costs heading your way, though)

You can give them one month's notice at any point but, again , it must tie in your rental period.

Did you manage to contact your LL direct about all of this?

BitterAndTwisted

aldredd wrote: »

Am I right in thinking they can't do this - make us move out in 10 days?

No, they can't make you move out in ten days time.

Assuming I tell them I'm not paying or moving out on the 10th - they can give me 2 months notice (from end of rental month) right?

Correct.
If I then decide I don't need 2 months - just 1 month, does my 1 month notice override their 2 months notice?

Yes, it does.

Thanks!

Looks like they're prepared to try and play hard-ball to get their £95 renewal fee relying on the fact that their tenant understands less than they do. I also doubt the landlord is aware that they're risking them a void and no tenant paying the rent for them to take their 10% commission from. Very short-sighted.

Write back and tell them you do not intent to move out on whenever it is and that you prefer to go on to a rolling, periodic tenancy.

Did you look the landlord up on the Land Registry site? It might be worth dropping them a line and letting them know that the LA isn't necessarily acting in their best interests. Landlords HATE void periods and once you do leave the LL will be charged an additional tenant-finding fee hy the agent.