Taking letting agent to court to retrieve 'tenancy renewal' fee

Manual_Reversion

Hello,

In another thread I asked about approaching the courts in order to overturn what I perceive to be an unjust TDS adjudication - link to that thread.

This thread is about a separate issue as part of the same TDS decision.

At the end of the tenancy the letting agent sought a 'tenancy renewal fee' from the deposit. As tenant, I disputed the amount on the basis that, at the end of the initial fixed period, we were happy for the tenancy to revert to Statutory Periodic, which is what happened. The TDS upheld the claim from the letting agent and awarded them the renewal fee from the deposit, some £100. As the TDS adjudication is final, if I want to seek redress then it seems I have no option but to take the letting agent to court.

I don't want to put in too much detail, because it will bore people and might prejudice our position.

Since there are no more avenues with the TDS, do people agree that my only recourse to claim the renewal fee is through a small claims court?

RANT ON//
I'm sick to death of this well-known national letting agent effectively bullying tenants to pay these renewal fees, and am even more upset that the TDS has allowed it to happen, thereby fulfilling the exact opposite of their role to provide some layer of protection to tenants from rogue practices.
RANT OFF//

There are some very knowledgeable people on these boards, and I was wondering if they had any words of advice?

I'm happy to take them to court, if there is a reasonable chance of success, not for the money, but to make the point.

Any case history of this type of thing?

jjlandlord

On what basis did the TDS upheld the claim?

Surely if you said that the tenancy was not renewed the agent had to somehow prove that it was.

BitterAndTwisted

It will cost you £50 to make a point in starting a claim in court.

To be honest, I find the TDS decision perverse in the extreme and I completely understand your anger at being ripped off so cynically. How can you be held to pay a "renewal fee" when didn't renew?

What was the exact wording of their decision?

princeofpounds

What B&T said. It does seem a bizarre decision. What was the 'alternative' line of argument provided by the LA?

Manual_Reversion

jjlandlord wrote: »

On what basis did the TDS upheld the claim?

Surely if you said that the tenancy was not renewed the agent had to somehow prove that it was.

Towards the end of the fixed term the letting agent sent a letter that included the following:

"Unless we hear from you to the contrary (in writing) we will raise a Periodic Tenancy Agreement that follows all the terms of the original tenancy agreement, except the fixed period."

I replied saying that we didn't require a new agreement as the tenancy will revert to statutory periodic by default.

They then posted one to us anyway.

My beef is that the Statutory Periodic agreement that they sent to us, despite our written refusal of it, achieved nothing more than what would have been achieved anyway by letting the tenancy revert automatically to periodic, and we've been charged around £100 for the 'privilege'. The letting agent even admit as much in their correspondence quoted above.

It seems to me it's nothing more than a con to extract £100 from the tenant for something that offers them no benefit over and above doing nothing.

Am I misinterpreting things do you think?

BitterAndTwisted

There is no such thing as drawing up a "Periodic Tenancy Agreement" and the agent knows it. What I cannot understand is how the adjudicators fell for it.

My position would be to start a claim in court just for the satisfaction of using up the agent's time to defend it. You could waste your £50 but their time would cost them rather more than this. What absolute bounders they are.

princeofpounds

I agree, your interpretation is right.

To be honest, I doubt that the TDS adjudicator actually knows anything about tenancy law.

Manual_Reversion

BitterAndTwisted wrote: »

What was the exact wording of their decision?

"The agents are seeking a tenancy renewal fee £100 on the basis that they prepared and re-issued the documentation to the tenants. The agents have presented correspondence confirming this from which I note that the tenants stated that they did not require a new fixed term tenancy. It appears that the tenants were happy for the tenancy to become a statutory periodic tenancy from month to month however the agents replied stating that the decision was down to the landlord and a renewal was required. It appears that the tenants did not sign the renewal document. The agents rely on clause 3.12 of the tenancy agreement which requires the tenant to pay a fee "...upon renewal or reissue of the tenancy agreement."

I am satisfied that the tenancy agreement was re-issued therefore based on the tenants obligation in the tenancy agreement I uphold the agents' claim and award £100"

jjlandlord

Wow, unbelievable!

BitterAndTwisted wrote: »

There is no such thing as drawing up a "Periodic Tenancy Agreement"

Not so: Of course there can be a periodic tenancy agreement as nothing forces a fixed term.

Manual_Reversion

jjlandlord wrote: »

Wow, unbelievable!

Can I take it that you think the decision of the TDS to uphold the claim was unbelievable in light of the evidence I have presented above?

I feel as if I've been shafted.

princeofpounds

Yep, sounds like the adjudicator doesn't understand what you were telling the agent. I would personally take it to court, simply for the sake of justice. Then followin the decisiong I would write to the adjudicator (politely) pointing out where they went wrong.