Landlord renewal tenancy agreement agent fees

rpc

Yorkie1 wrote: »

Except that you've missed out what is likely to be the crucial relevant bit, which is "payable in advance at the commencement of each Tenancy and/or extension or continuation".

I am not an expert in these contracts, but it seems to me that it is at the very least arguable that the tenancy is continuing, just on periodic terms. And thus that there is some ongoing liability.

I dealt with that in the next sentence It is arguable and could probably make some solicitors very rich in working out the fine detail for an authoratitive answer. As commission is due in advance, how long is the SPT? The commission requires a fixed length agreement to work out the amount due in advance. It just doesn't work.

I would argue that a statutory periodic tenancy is not a continuation. Reading the whole thing, I would say that word is in to stop a new fixed term being called a "continuation" rather than a "renewal" as an attempt to fee-dodge. I would also argue that the clause is ambiguous and contract law usually holds that abiguous clauses are read in the favour of the party who did not write it.

jjlandlord

Yorkie1 wrote: »

I am not an expert in these contracts, but it seems to me that it is at the very least arguable that the tenancy is continuing, just on periodic terms. And thus that there is some ongoing liability.

A fixed term tenancy does not continue, it ends and is replaced by a SPT which is another tenancy.

njmole

I have just come across another paragraph which relates to 'Renewal' this reads as follows:

Approximately three months prior to the expiry of any fixed term contract, we will write to the tenant to enquire whether they would like you to consider extending their tenancy, or whether they intend leaving at the end of the current term. If you do not want us to offer an extension or would like us to offer less than or more than twelve months, you will need to contact us beforehand, and confirm your instructions in writing. When we write to the tenant we will propose a rent which reflects the current market value. If the tenant asks for a new fixed term tenancy we will insert the new rent figure into the tenancy agreement.

I'm still none the wiser!!!!

mart.vader

My experience :

https://forums.moneysavingexpert.com/discussion/comment/54375605#Comment_54375605

rpc

njmole - you still haven't posted the clause that relates to termination of the contract you have with the agent. This could be your best option, but it depends on the wording.

njmole

There is no clause regarding termination and it appears there is no hope in not paying any more charges for as long as my tenant is in my property! I will be paying them £1200 per year for doing absolutely nothing! I'd like to know, why when renting out your house you automatically become a business and because of this consumer law does not come into play!

dancingfairy

Surely you just give the agents notice though (having previously arranged new lettings agents/made arrangements with the tenants for new rent to come to you)?
Surely you can give notice at some point? Otherwise it would be completely unfair. If there is no wording about notice then I would give them reasonable notice (ie 1 month) in writing and let that be that. They could of course attempt to sue you but if you have been reasonable and given them a months notice.... Perhaps see a solicitor to see if they'd have a leg to stand on though to reassure yourself.
df