Rental Agents re-charging tennant to resign

princeofpounds

Im really really cross there trying to blackmail us, this is a national company, how can they treat us like this, they are a national Company (Whitegates)

National companies are often nothing more than branding and admin, local offices are often defacto the business of a local franchisee. Even if they are true corporates it doesn't mean that you aren't relying on the scruples of the individual manager or agent, which are often lacking.

Call their bluff, track down the landlord. Don't bother with the agents over the phone, they clearly aren't worth it. You are also clearly too emotional - you should never have got into such a slanging match.

N79

jhsam wrote: »

She said "no I can't make you pay it but the landlord doesn't want rolling contract tennants so said he will serve you notice, and we will only issue your contract if you pay the £60"

Its your call obviously, but in my opinion this is almost certainly a bluff (and a lie). Very very few LLs will evict good Ts (assuming you are a good T) and risk a void of unknown length simply because the T does not want a new fixed term. The LL gains nothing by evicting the Ts as that just turns a possible future void into a guaranteed current void.

Of course, the agents may "mis"advise the LL in their quest for fees so you should probably write to your LL letting them know what the agent is up to.

jhsam wrote: »

This really got my back up as to me that amounts to blackmail, as its basically saying "either pay £60 or you can leave" so I asked for the LL's mobile number and she responded saying "im not giving you that" so I said I would just go round his house as I knew where he lived but I just thought it was better if I rung him, she laughed at me and said in a very smarmy smirky voice "well actually he has moved" so I said I knew where his GF lived as his car is outside that house a lot and I will have no problems knocking on her door but that actually by law she is required to provide me with his details if I request them, so she said "well I will give you his business address thats belldene post office" and that was all she would give. I had to end the conversation before I said something I would regret.

They are correct that all they need to give you is the LL's name and business address. You have no right to telephone numbers or other contact details.

Trying to contact the post office to see if we can contact the LL or get him to ring us as DH seems to think she won't of told him WHY we want to go on a rolling contract just that we want one.

Im really really cross there trying to blackmail us, this is a national company, how can they treat us like this, they are a national Company (Whitegates)

Just write to your LL at the address you have for him.

jhsam

Princeofpounds - yes I think you are correct it is this indavidual franchise that is being the way they are, I can't really blame the company as a whole. I know I shouldn't of got in to such a slanging match, 5 months pregnant and the hormones are fying around crazy, I was so cross on the phone I want to bang the phone on her head, then as soon as I hung up I burst in to tears (which is so unlike me!). Silly pregnancy hormones!

N79 - Thanks for your advice also.

I tracked down a number for the post office and rung them up and the LL answered. He advised that the Agents had only told him we wanted a rolling contract and not WHY and that we were great tenants, he has never had any problems with us and would prefer us to stay. I advised him we are happy to pay the £60 this time, if we can possibly sign a longer contract (minimum of 2 yrs) and he was very happy with that and is ringing the Agents now, as he thinks the property is set up as short tennancy and the maximum contract is 12 months? he wasnt sure of the ins & outs so has taken my number and will get back to me.

I feel a lot better now that the LL knows we dont want to leave!

N79

jhsam wrote: »

I tracked down a number for the post office and rung them up and the LL answered. He advised that the Agents had only told him we wanted a rolling contract and not WHY and that we were great tenants, he has never had any problems with us and would prefer us to stay. I advised him we are happy to pay the £60 this time, if we can possibly sign a longer contract (minimum of 2 yrs) and he was very happy with that and is ringing the Agents now, as he thinks the property is set up as short tennancy and the maximum contract is 12 months? he wasnt sure of the ins & outs so has taken my number and will get back to me.

I feel a lot better now that the LL knows we dont want to leave!

For boring legal reasons, don't sign a contract for longer than 3 years unless you are certain you (and the LL) know what you are doing. If that's what you and he want post back for more details.

Under no circumstances sign a contract for longer than 7 years without seeking the advice of a solicitor.

jhsam

N79 wrote: »

For boring legal reasons, don't sign a contract for longer than 3 years unless you are certain you (and the LL) know what you are doing. If that's what you and he want post back for more details.

Under no circumstances sign a contract for longer than 7 years without seeking the advice of a solicitor.

Can I ask why not longer than 3 years?

TBH were hoping to stay for the next 5 years and then take it from there (depending on house deposit savings at that point!) but we would probably either do 2 x 2yrs and re-asses or a 3yr then a 2yr anyway just to give us a get out after 3 yrs for a "just incase"

N79

jhsam wrote: »

Can I ask why not longer than 3 years?

TBH were hoping to stay for the next 5 years and then take it from there (depending on house deposit savings at that point!) but we would probably either do 2 x 2yrs and re-asses or a 3yr then a 2yr anyway just to give us a get out after 3 yrs for a "just incase"

Such a tenancy would have to be executed as a deed, rather than as a straight contract. Not necessarily a problem so long as at least one of the parties (and preferably both) know what they are doing.

Of course, if you have a 5 year fixed period then you will not have any flexibility for the 5 years should you circumstances change (unless you and the LL insert a break clause).

Your other option is to just remain on a periodic tenancy for the length of time you want to stay - although of course this means that LL could change their mind at some point in the future - but so could you!

princeofpounds

Well done. The LA works for the LL, and so should do what he instructs with regards to contract lengths. Personally, I would also hope the LL tells them off for their rude and obstructive behaviour. They weren't far off costing him a tenant, hope he understands that.

The contract would be assured shorthold, but that doesn't mean it can't be longer than 12 months. Short doesn't mean 12 months. As pointed out you have to prepare a more formal contract as a deed if you want a much longer tenancy.

jhsam

ah OK I understand now, thats both of you for your replies.

I'm just waiting on the LL to get back to me now and see where we can take this, if it's going to be to much of a hassle for him or us to do a long contract will just do a 24 month one, its still more security for us. He has assured me he has no interest in selling he former home and wants to keep it as an investment for when he retires (he is only late 30s/early 40s so I long time for that yet!)

:money::j

G_M

You should NOT be debating this with the agent, or getting into pointless discussions about what can/cannot be charged. They clearly are not going to back down so discussion is pointless.

Just don't sign a new contract. And don't pay their fee.

Also a mistake to tell them you plan to speak to landlord and get into debate about 'I can find him' " no you can't". Pointless. All this achieves is give the agent time to speak to the LL and give dodgy advice.

Either find the LL yourself (fast) and speak to him, or if you really don't have his address, then write (WRITE) to the agent requesting his address under the Landlord & Tenant Act 1985.

But at the end of the day you have a choice: pay the fee and get the security of a new fixed term, or don't, and risk the LL giving you notice. The agent may persuade the LL to do this (even though not in the LL's best interests) as finding a new tenant earns the agent more money in fees!

Stop talking to the agent! Start talking to the Landlord!

samasina

G_M wrote: »

It's common. Letting agents are in business to make money so they.... make money. Have you had contact with the landlord? Yes, he's paying 'his' agent a fee - does he even know they are charging you too? He may not be happy about it.

You have another option. Refuse to (or simply don't) sign the new contract. When your current fixed term contract ends you will automatically move to a periodic contract. The day after the FT expires, provided you a) don't move out and b) continue to pay rent, you will have a monthly periodic tenancy.

This will continue indefinately until one side or the other ends it. To end it (at any time) you have to give the landlord one months notice (ending with the monthly rental period). The LL has to give you two months. No fee cn be charged for simply moving onto a periodic tenany. You need do nothing. Nor does the LL or agent.

The downside is the LL can give you 2 months notice at any time so you have less security, but if you are good tenants and he was offering you a new fixed term, why should he? The upside is no fee, and more flexibility as you can leave when you want.

G_M, is this true for all AST's? I was told by my LA that they "don't do rolling contracts". No mention of them in the tenancy either.