Letting agent refusing to allow Periodic Tenancy

brincha

Hi All,

Today I received a phone call which made me more :mad: than I have ever been.

Without going into too much detail my LA is demanding a £60 fee to renew my tenancy for 6 months. I'm aware that I can choose not to renew my fixed term tenancy and instead move to a periodic one and informed the LA by (polite) email that this is what I wanted to do.

Whilst trying to enjoy a pub lunch today with colleagues my phone rang, on the other end was Mark, a partner at my LA.

Right off the bat it was clear Mark was in a fighting mood. Before I had said anything other than "hi" he had already begun his charm offensive with phrases such as "I don't know what your problem is!"

He continued in this vein with other pearlers like "if you didn't want to sign our contract you should have gone with someone else" (if I could have got the flat any other way, I would have) and in response to my meekly offered "I think you've got a very aggressive attitude" I got "I don't care".

So I'll get to the point;

I was told that moving to a periodic tenancy wasn't an option "that's not how we do it, we don't offer periodic tenancies". Is this right? Are the LA/LLs allowed to insist on a 6-month renewal every six months (incidentally I asked if I could get a longer contract, again "no")? I'm fairly certain that this right is enshrined in the Housing Act 1988 (but can't seem to find the right chapter/verse).

I made repeated attempts to get this put in writing but to no avail. After I had asked for the third time I was asked "and if I put it in writing what will that prompt you to do?" which leads me to believe that he knows he's up to no good. When I said that it doesn't say anywhere on the contract I have that the LA doesn't offer periodic tenancies he replied "it doesn't say that we do either".

Does anyone know the law for certain as relates to this? There is a clause in my original AST which mentions this fee but surely this only applies if I renew for another 6-month AST?

Also, if anyone knows how to make a complaint to National Association of Estate Agents (specifically about my friend Marks conduct) I would appreciate it.

Emmzi

they don't get a renewal fee if you go to periodic and the landlord probably knows nothing of this.

talk to the landlord direct.

moromir

The Letting Agent has to take the Landlord's instructions, which may very well be that he only wants to let the flat on a fixed term agreement, but equally the LL might be happy with an SPT.

Have you any way of contacting the Landlord direct to confirm what the LA is saying?

Tiddlywinks

Re making a complaint:

http://lmgtfy.com/?q=national+association+of+estate+agents%2Bcomplaint

Is the agent a member of ARLA:

http://www.arla.co.uk/

I wouldn't really recommend making this personal against a named individual on a public forum - he may google himself regularly and get this thread.

brincha

Cor blimey, it's good 'ere isn't it, three replies in 10 minutes!

I've only got the LLs name, in the contract her address is listed as c/o the LA. I'm pretty sure I could track her down if I tried hard enough.

Mark also informed me that the LL was a "personal friend of the agency" and that they look after fifteen other properties for her. All of which they probably charge her a renewal fee for twice yearly as well. A tidy little earner if I ever heard one.

Assuming I do contact the landlord is there an etiquette I should be aware of?

brincha

@tiddlywinks

Good point, I'll remove the name, I'll just use Mark.

They come up if I search for them on ARLAs website, does that mean they are members?

BitterAndTwisted

No particular etiquette but you should be prepared for the landlord not to want you to go on to a periodic tenancy. They may prefer to have the assurance that you will be paying the rent for another six months.

No-one can force you to sign another fixed-term tenancy but if you don't you must be prepared to find yourself in receipt of a Section 21 Notice

G_M

The agent is talking rubbish - but has certain powers (assuming the LL agrees).

1) The LL/agent cannot force you to sign a new contract, or pay a renewal fee
2) They cannot stop you moving to a Periodic tenancy. It happens automatically provided:
a) you don't leave at the end of the Fixed Term
b) you continue to pay (the same) rent
3) However they can issue you a S21 Notice and start eviction process once you are Periodic if they are unhappy with that state of affairs. No reason is needed to evict you, though they HAVE to give 2 months Notice and then go to court.
4) Most LLs prefer to accept a periodic tenancy once it exists, rather than evict the tenant. After all, eviction costs money. There's a void with no rent bewteen tenants. There's advertising costs. If the tenant is otherwise reliable, and pays rent regularly, far better and cheaper NOT to evict.
5) However this agent sounds aggressive, vindictive, and from he says may have the landlord on his side. So may evict if you refuse to sign and go Periodic.

The question therefore is: do you want to risk a S21 notice, and create an unfortunant ongoing relationship with your agent (and LL?), or do you want a quieter life (for which you'll have to pay the renewal fee). Oh, and tie yourself to another 6 months.

If you want to save the fee and keep the flexibility to move anytime, then ignore the agent. If he rings, just say "Sorry, you have been rather rude to me so I'd rather you write" then HANG UP before he can answer. Ignore latters, contracts etc. Wait till your fixed term expires and , bingo! Periodic tenancy!

brincha

@G_M Thanks for that, was pretty much my understanding of the understanding of the situation.

As far as the relationship with the LA goes, it's pretty much in the toilet anyway (took them 3 months to sort out a plumbing issue which stopped the boiler working whenever it went below freezing), especially after today. But like you say, they sound pretty cosy with the LL so maybe I should just pay for a quiet life. After making a stink I'm sure they're going to slap me with a rent increase as well!

G_M

Or, of course, vote with your feet. I know moving costs money too, but do you really want to deal with an agent who treats you like that and fails to keep basic heating working......?

What's the current rent like compared to other places in the area? (and remember you can negotiate rent when moving in...)

brincha

Unfortunately my flatmate is adamant about not moving again (we got turfed out of our last flat as the LL got caught having an affair and needed somewhere to live - and the one before that wasn't much better!) so we're stuck here.

Rent is high (£1000pcm) but this is Brighton.