Tenancy agreement renewal!!

JAZ

I need some advice please.

I have an Assured Shorthold Tenancy agreement for a fix term of 12 months with a national letting agent.

Last week I received a letter telling me that on the 28th of May the agreement will expire, but my LL is happy to extend the agreement for a further 12 months & if I wish to extend the agreement I need to pay £125 admin fees.

I contacted the LA & said I didn't want another fix term of 12 months, although I have no intention of moving anytime soon. I didn't want to have to stay for another full 12 months if I didnt want to.

I got another letter today saying that the LL is happy to extend the agreement for another 12 months with an Immediate Break clause & if I'm happy with this I need to pay the £125 fee by the 28th of APRIL or they will automatically remarket the property.

I have 2 questions, firstly,
Can the letting agent charge me a renewal fee when there is nothing in writing to say after 12 months I will need to renew?

secondly,
I am aware of the Statutory Periodic Tenancy Agreement that should kick in after the fixed term & as the landlord is happy for me to stay in the property, do I need a new agreement? & If not, how do I avoid this fee? £125 is a lot of money for me to find in less than 3 weeks!

kiddy_guy

What does your original contract say? How much notice needs to be served by either party?

FATBALLZ

I'd contact the LL directly, a 12 month contract with an immediate break clause is no different to a rolling agreement. Well except that it allows the agent to charge large fees, possibly to the Landlord as well. I don't see that it's in either your or the LLs interest to sign a new contract.

Enfieldian

Is the "search" function on the forum broken? Again?

DVardysShadow

No, you don't need a new agreement. The default is that if you stay just 1 day beyond your fixed term, then you are on a Statutory Periodic Tenancy, with exactly the same terms except notice is 1 full rental period [month] to Landlord and 2 to Tenant.

A few Landlords [including 1 or 2 here] will not tolerate a Statutory Periodic for reasons which I cannot fathom, but most are happy to let it run. It seems to me that Parliament had it in mind that the norm would be for an AST to roll periodic bar either side feeling that things were not working out.

But your big problem is that the Agents view a renewal as a cash cow and do tend to misrepresent the position to Landlords and also misrepresent Landlords to Tenants in order to get their hands on a fee for doing nothing more than a bit of bullying.

G_M

I agree with DVardy - speak/write to the LL direct as you have no idea what the agent is telling him (or charging him).

He may be perfectly happy to go Periodic, esp if the agent is charging him too.

The risk with Periodic is that although no renewal fee is chargeable, the LL might serve you 2 months notice. But to be honest, unless the agent has told him you are 'being awkward) or suchlike, why would he? You're a good tenant, pay your rent, and giving you notice means he has a void between tenants, and all the re-marketing hasle and costs.

Of course, the agent can then charge him a 'tenant-find' fee, so TALK TO THE LANDLORD!

tomitma

I would contact the Landlord directly, as you have already been his tenant for the previous 12 months, it would be in his interests to keep you. 9 times out of ten the landlord dosent know what there agents are charging, besides charging you the landlord will also be charged.

JAZ

Thanks everyone, im new to this forum & not sure if Im writing this reply in the right place lol

I only have my LL address from the Agreement & have never contacted him myself. Is it ok to contact him directly or do I have to go through the LA?
I know this is the LL first time renting a house & he might not know about the SPT?

& can the LA remarket my house in 3 weeks time if I dont pay this fee? even though they know I want to stay here?

JAZ

sorry just seen the last few posted.

Ok Ill contact the LL, he's always been very good & paid for the paint when I wanted to redecorate !

DVardysShadow

You have every right to contact the Landlord yourself - and on a matter like this, it is a waste of time to go through the Agent, because the Agent is likely to filter communications.

The LA can remarket in terms of listing the property, but they should not do viewings without your consent - and if they attempt to, you should change the locks.

As your agreement expires on 28th of May, you hold something of an upper hand, in that they cannot evict you before the tenancy goes statutory periodic. If you can avoid confrontation with the Agent until after 28 April, they can only give you a section 21 notice to quit which expires on 28 July. You may have had a Section 21 served already as part of your initial contract, but it is not valid if it was served before your deposit was protected. [Is your deposit protected? Don't worry too much if it is not - because it may serve your purpose...]. Also, I understand that a Section 21 notice is invalidated by any invitation to extend the tenancy beyond the notice date - you have received such an invitation.

G_M

JAZ wrote: »

& can the LA remarket my house in 3 weeks time if I dont pay this fee? even though they know I want to stay here?

They can market it of course, but... you can:
1) refuse to allow prospective tenants to come in to view while you live there
2) refuse to allow the agent to come in for any reason
3) refuse to leave at the end of the tenancy (so no new tenant could move in!) and just switch on to a Periodic tenancy - the LL (or agent) would then have to give you 2 months notice (a S21 Notice) and THEN go to court (another month?) and then get a bailiff round (another 1 or 2 months)

so marketing the property would be a bit stupid!!!!