Transfer to new letting agents and renewing tenancy

pinkpinkuk

Hello,

I rent a property from a private landlord via a letting agency, Andrews. I have had the odd issue with them (left me without a washing machine for a week etc) but generally everything has been fine.

Today I got a garbled voicemail from another local letting agent, CJ Hole, saying to call them back asap. I did so and had a (very rushed, on her end) conversation with a girl there, who explained that my landlord, as of yesterday, has moved management of all his properties to CJ Hole and that I needed to cancel standing order for rent to Andrews with immediate effect. I asked if I should also set up a standing order to CJ Hole at the same time and she seemed confused and said she supposed so and she would call me back.

She called me back later and said that as my rent is due on 1st Feb I would now be too late to set up a new standing order for next month. So I should cancel the standing order to Andrews and go in to CJ Hole on 1st Feb to pay my rent in cash, and set up a standing order from 1st March.

She also asked if I would be renewing my contract (which is due to expire on 31st March) and I asked whether the flat would still be available for the same rent? She said she wasn't sure but would find out. She said if I wanted to renew it would cost me £75 to "redraft the contract". She then had to go.

I texted my boyfriend and he agreed that it sounded a bit dodgy, especially the "pay your rent in cash" bit and the fact I have had no notice whatsoever from Andrews or the landlord.

As far as I understand it, I have no contractual relationship with CJ Hole (I have had bad experiences with them in the past and a not particularly thrilled they are the new agents, but that's by the by) so if I go in and pay them £500 rent on 1st Feb and my flat floods on 2nd Feb they have no obligation to sort it out?

Alternatively, if they draft a new contract as of 1st Feb, how can it possibly cost them £75 to redraft it two months later?

To be honest I'm just confused by the whole thing. I've checked my contract and it says nothing about switching to a new agent, or notice periods etc. Does anyone have any advice on my position? Should I demand a new contract? And on what basis can they charge me £75 to redraft it if I renew my tenancy?

Yorkie1

Your contract is with the LL, who can instruct anyone he likes to manage the property. Your rights remain unaffected so if the property were to flood, for example, you would simply contact the new LA rather than the old one.

However, do not start doing things on the basis of a garbled phone call. Ask the new LA to confirm in writing that they have taken over management of the tenancy and that you are instructed by the LL to pay them now.

I would also contact your old LA and ask them to confirm whether that is their understanding of the position too.

Do this tomorrow.

Assuming this checks out, then do cancel your SO to the old LA, which will be due to go out of your bank account imminently. I'd try to contact your bank to check whether it is in fact too late to set up a SO. I can do them pretty much immediately online and you may be able to do it in branch.

If you can't do it in time, then I would ask the LA why it is not acceptable for you to pay by cheque. I would not be prepared to carry that amount of cash around and I don't see why the LL / LA's late notice should put you in that position. They will have to take the consequences of the late notice, which mean your paying the rent late this month.

If they absolutely refuse to accept anything but cash then make sure you do it in person and don't leave the office until they give you a receipt.

As for the new contract, you are in a fixed term so they cannot change your current contract until the end of that fixed term at the earliest. What do you want to do? Do you want to stay?

Johnhowell

Pink,
This is my understanding:

Your contract is with the Landlord - nothing to do with the Landlords agent. Your Landlord should inform you in writing change rental payment requirements - not some telephone conversation from who-knows-who.

You do not need to sign a new contract on end of the fixed term - let in roll over to a statutory periodic tenancy.

If your flat floods 2nd February, the person responsible is the same as now - either you or the Landlord - depending on source/fault of leak ;-) Never the responsibility of the Agent, they may be instructed by the Landlord to arrange the plumber, etc. - if LL responsibility.

As you say - you have no contractural arrangement with Hole, nor with Andrews.

Good luck,
John

-Edited to say - damn, Yorkie pipped me to the post!

pinkpinkuk

Wonderful advice, thanks so much both you you.

I live opposite both LAs so I will pop into both tomorrow morning and check firstly with old LA that this is their understanding also and then to new LA to ask for written confirmation before I go cancelling SOs.

My bank is just round the corner from where I work so I can pop in and ask how long it will take to set up a standing order, in case I am able to do that in time.

I will have to dig out my chequebook (if indeed I have one!) from my banking documents. There is an RBS cash machine (can only use RBS machines with my card) near the LAs but I don't think I'd be allowed to withdraw that amount in one go anyway. I will ask them when I go in tomorrow if there is another method of payment they will accept.

Yorkie1 wrote: »

As for the new contract, you are in a fixed term so they cannot change your current contract until the end of that fixed term at the earliest. What do you want to do? Do you want to stay?

I would ideally like to stay in the flat, if they will agree to the same rent etc. If they want to put the rent up I'd have to move, because I'm at the top end of my budget already. Would I be obligated to sign a new contract and pay the £75 or could/should I let it go to a statutory periodic tenancy without signing a new contract?

G_M

Yes, I would cancel the standing order (but keep the rent aside). You can always pay the rent once things are sorted.

No, do NOT take the word of a 'garbled phone call'. So do NOT pay the new agent yet.

I would write to the landlord. It's his property. Your contract is with him. It's his rent. Only he can instruct you where/who to pay your rent.

Certainly do nothing (except put the rent to one side) until you have this sorted out IN WRITING.

As others have sais, you have a perfectly valid contract with the LL so there is no need for a new one, or for a fee.

When your fixed term ends, just stay, continue paying the same rent (to whoever) and you will be on a monthly Periodic Tenancy. No fee.

Johnhowell

pinkpinkuk wrote: »

She also asked if I would be renewing my contract (which is due to expire on 31st March) and I asked whether the flat would still be available for the same rent?

Pink, Why did you mention rent - you should not say anything to make them think about other things! ;-)

My understanding is rent can only be increased at the creation of a new tenancy or issuing by LL of correct notices... to which you can always refuse. But could run the risk of being given notice to vacate - please note notice, which does not mean you have to leave. The LL would have to go to court, bailiffs, etc.

You are not obliged to sign new agreement and definiately not pay fee. The only conditions that possibly change under statutory periodic tenancies are the notice periods - 1 month for you and 2 months for LL. Generally, all other terms remain the same - if enforcable and not "unfair terms".

Good luck,
John

Annisele

I don't think that popping into both LAs is going to be enough. I'd certainly do that - but request written confirmation from all parties, including your landlord, before you start paying anybody that your landlord didn't instruct you to pay.

pinkpinkuk

Ok an update. Went into old LA this morning, who confirmed what new LA said, cancel the DD with them and pay the new LA.

Then went into the new LA, said I want something in writing, they said they are drafting a new contract up to reflect them now managin the property and it will be ready for me to sign shortly. I can also pay my rent by card or cheque in February.

I'm confused about this talk of statutory periodic tenancies. Is that what I will have if I don't pay the £75 "renewal fee"? But doesn't that mean the landlord can just give me two months' notice for not renewing and chuck me out? I don't want that =/

Johnhowell

Make sure this "contract" the new LA is drafting up is not a tenancy contract, because that WILL cost you £75. Surely, they only need to issue you a Notice for where the rent needs to be send to - and this should really come from the LL.

Have you spoken to the LL about "renewing" - just because you do not renew does not mean he will "chuck you out" - which he can not do anyway without issuing your the correct Notices with the correct date, and as said earlier, does not mean you have to leave. LL then has to go to court and then arrange bailiffs - all of which I understand can take months!

If you read lots of these messages posted here you can get a feeling that if you are a good tenant why would a LL want to lose his income from you for the sake of a peice of paper?

Your choice really, pay or not pay.

Cheers,
John

G_M

Agents hate tenancies going Periodic cos they can't charge the tenant a fee. And they can't charge the landlord a fee.

Landlords? Often don't care. In fact many prefer it as.... they don't have to pay the agent a fee!

So talk to the landlord and find out. The agent won't tell you!

Worst case, yes, you go Periodic and the LL is unhappy. So he thinks: "I could

1) give the tenant 2 months notice then go to court and evict. Time and trouble. Then I have at least a month (maybe 3) with no tenant/no rent, + I have to pay my agent to find a new tenant....who might turn out to be reliable, or might not

2) just let things continue. I have a good tenant, who pays rent on time without hastle.

3) or I could increase the rent via a S13 Notice (periodic tenancy). Risk the tenant leaves (see 1 above).

Most serious LLs opt for 2 (assuming they like the tenant.)