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Letting agent charging 'renewal fee' for periodic tenancy

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  • brians_daughter
    brians_daughter Posts: 2,148 Forumite
    edited 30 January 2013 at 12:30PM
    Even if they had been the perfect tenant? You would gamble that for getting in someone else who couldn't pay, or would smash holes in the wall?

    As already stated above our BTL are rented to a business so we do not rent to families/couples etc. Its used by a business to house their middle management staff when they travel to HQ for meetings/training courses etc. I imagine if one of their staff did that they would no longer have a job.

    TBH a LL shouldnt have to worry about such events happening. Many of the LL's i know feel a LA is part of the process to ensuring these things are less likely to happen. Tenenats are vetted and referees sought?

    Maybe a bit of a wet behind the ears way of thinking but of the several LL i know the only one i know whos had issues of this kind rented outside of a LA.

    Anyway. i fear this has gone a little off topic to the Op's original query
  • No I never said they could. I meant 'they' as in collectively LL will undoubtidly take advice from LA whos version will be 'tenant will not sign new lease, they want to go month by month. We advise you to seriously look at letting us find you new tenants who are committed to your property' LL thinks... 'oh yeah, they're probably right - after all LA is looking after my interests'

    Yes, but they're not, they're looking after the LA's interests.

    If the LL is happy with the tenant then great -but i imagine LA will try and twist the LL arm for their own good/interests of their client (LL) by getting LL to serve notice and find 'longer term' tenants.

    All the above is commonplace with a lot of LL's I know.

    As i have said twice already - from personal point of view i would not be happy with a tenant who would not commit to the property.

    The tenant is happy to commit to the property - it's the fees they're not happy about.

    LA's are looking to get the maximum amount for themselves in fees, that's why they try to push renewals. If the LA manages to get the LL to remove tenant, then they can look forwards to another round of fees !
  • Thanks for all the replies people, but I think this discussion about whether or not my LL would want me on a periodic tenancy is detracting from the discussion. For clarity: the landlord wants flexibility, so is happy with either periodic tenancy or a 6 month fixed tenancy.

    My issue is that I'm being charged a 'renewal' fee for going on to a periodic tenancy, when no service is actually being provided by the letting agency.
  • spacey2012
    spacey2012 Posts: 5,836 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Practically speaking, what can they do?

    Help themselves if they have bank details :eek:
    Be happy...;)
  • Naf
    Naf Posts: 3,183 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    It boils down to your feeling of security; essentially, is your knowledge that you have a definite ongoing place to live worth £200 a year?
    If you pay it then you're secure for the next 6 months; if you don't you could be served and expected to leave after just 2 months.

    Ideally you want to talk to the LL direct, not deal with the LA because their interest is only lining their own pockets regardless of what's best for you or the LL. Often LLs are unaware that their LA does this; or have been lied to by LA into believing this 'service' (read 'daylight robbery') is necessary.
    Talk to the LL: they won't be seeing a penny of the LA fee, so it won't lure them at all. Are they happy with a periodic tenancy? And reassure them that you don't have any intention to leave, you just don't consider that the LA's fee provides any benefit to either of you.
    Never argue with stupid people, they will drag you down to their level and then beat you with experience.
    - Mark Twain
    Arguing with idiots is like playing chess with a pigeon: no matter how good you are at chess, its just going to knock over the pieces and strut around like its victorious.
  • Naf
    Naf Posts: 3,183 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Thanks for all the replies people, but I think this discussion about whether or not my LL would want me on a periodic tenancy is detracting from the discussion. For clarity: the landlord wants flexibility, so is happy with either periodic tenancy or a 6 month fixed tenancy.

    My issue is that I'm being charged a 'renewal' fee for going on to a periodic tenancy, when no service is actually being provided by the letting agency.

    You posted just as I was; if LL is happy with periodic, then tell the LA to go do one. Worst they can do is attempt to serve notice on you; but if this is against LLs wishes, it means nothing.
    If they tell you to go for not paying it, tell the LL. make a point that the LA will charge their fees all over again to him to find and vet another tenant if you go. Also make the point to the LA that going behind the LLs back like this is unlikely to get them any further business from your LL.
    Never argue with stupid people, they will drag you down to their level and then beat you with experience.
    - Mark Twain
    Arguing with idiots is like playing chess with a pigeon: no matter how good you are at chess, its just going to knock over the pieces and strut around like its victorious.
  • tim123456789
    tim123456789 Posts: 1,787 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    My brother experienced this a few years ago, infact was probably more and a lot has changed since then, however, the agent simply took his 'fees' he hadnt paid out of his initial deposit once he vacated the property.

    Well this wont work now as TDS (et al) will reject such a claim against the deposit
  • mart.vader
    mart.vader Posts: 714 Forumite
    edited 31 January 2013 at 9:05PM
    spacey2012 wrote: »
    Help themselves if they have bank details :eek:
    Well this wont work now as TDS (et al) will reject such a claim against the deposit
    Naf wrote: »
    If they tell you to go for not paying it, tell the LL.

    They can't help themselves. even if you had a direct debit, you tell the bank and they recover it.

    What Tim says is also correct.

    They can't tell you to go for not paying it. edit : (Well they can, but you can ignore it)

    Wait until the day after the fixed term expires. Then you will be on a statutory periodic and no fee is payable.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    If both you and the LL are happy with a SPT, then move to a SPT.

    Ignore any invoice or demand for a fee from the letting agent.

    LA then has choices:

    1) persuade LL to serve S21 Notice and evict. But you say LL is happy....
    2) try to deduct from deposit when you leave. i) LL unlikely to agree, and even if he does ii) you raise a dispute with the deposit scheme, and win
    3) take you to court now fo non-payment. And lose
    4) 'threaten' you and hope you pay up. You ignore.
    5) take it from your bank. They could only do this via Direct Debit (if one is set up). Under the DD guarantee scheme you can reclaim it.
  • chris_m
    chris_m Posts: 8,250 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    G_M wrote: »
    5) take it from your bank. They could only do this via Direct Debit (if one is set up). Under the DD guarantee scheme you can reclaim it.

    If any company did that to me, I'd be reclaiming it instantly under the DD guarantee then cancelling the DD and setting up the normal payments by standing order instead.
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