Tenancy 'Renewal Fee'

lighting_up_the_chalice

Just as a footnote, even if the S21 had not expired, it was effectively voided by the offer of a new tenancy.

ollyver27

lighting_up_the_chalice wrote: »

Just as a footnote, even if the S21 had not expired, it was effectively voided by the offer of a new tenancy.

Thanks. So by the S21 expiring, does this mean that it is void? And surely just an email doesn't warrant an official offer of a new contract?

And also, after my email, I got an email straight back from the letting agent:

As part of the renewal process each tenant is re-referenced hence the fee.

So if you wish to pay the fee and stay that's great, alternatively you can leave on 21.2.14 - please let me know what you both want to do by 24.1.14.

Again, no mention of statutory periodic - just a 'pay the fee or **** off' type message

anselld

ollyver27 wrote: »

Thanks. So by the S21 expiring, does this mean that it is void? And surely just an email doesn't warrant an official offer of a new contract?

It is void by the fact that its dates do not match the expiry of your fixed term.

lighting_up_the_chalice

ollyver27 wrote: »

Thanks. So by the S21 expiring, does this mean that it is void? And surely just an email doesn't warrant an official offer of a new contract?

And also, after my email, I got an email straight back from the letting agent:

As part of the renewal process each tenant is re-referenced hence the fee.

So if you wish to pay the fee and stay that's great, alternatively you can leave on 21.2.14 - please let me know what you both want to do by 24.1.14.

Again, no mention of statutory periodic - just a 'pay the fee or **** off' type message

Yup, that S21 has expired so, if they want you out, they will have to serve a new one. That means 2 months notice, so they can't expect you to leave on 21/2/14.

I haven't seen it asked yet, excuse me if I missed it, but did you pay a deposit and were you provided with details of the Tenancy Deposit Scheme with which it was lodged?

lighting_up_the_chalice

anselld wrote: »

It is void by the fact that its dates do not match the expiry of your fixed term.

Unless it had a "saving clause", in which case it is voided by expiry. Unless the deposit wasn't protected when it was served, in which case it was always void. Either way, we can all agree that the S21 served at the start of the tenancy is no longer in force and can be ignored.

ollyver27

Thanks for all your answers again.

On our contract, it says that first payment of rent was the 22.6.13. I assume this is when the contract started? Again, it was a 6 month AST.

We signed for the deposit on the 28.6.13 and the letting agent 26.6.13. No idea when the letting agent actually registered it.

Even if they are wrong about the S21 and thus the date on her email, and they did have to serve a new S21 then apply for possession, we actually don't want to go through this route anyway. As we would still have to move out earlier than we want to, and like I have previously said I don't have the capital (nor the time) to find a new property, pay for rent in advance and deposit.

I know this isn't a legal helpline, but I'm a bit confused as to what I should actually do. I would pay the fee begrudgingly if it is easier for me at the end of the day. Fighting over a £100 fee but then being told to move out in a couple of months wouldn't be a wise decision for me. I just wanted to know whether I could get away with challenging it, but then if I fail, am I still protected.

Also worth noting I have purchased the landlord's details off the land registry website, but obviously this is only an address so would need to send a letter (what if he is on holiday, or doesn't respond, doesn't care, etc.). Is all this a risk that I can't afford to take?

ollyver27

Ah just found out deposit received by DPS on the 22.6.13.

Also, I've just worked it out, if the start of the tenancy was 22.6.13 - then aren't we already on a periodic? It's been longer than 6 months?

lighting_up_the_chalice

Depends what your tenancy agreement says. But 8 month tenancies are unusual. They may have given an initial 8 months to avoid expiry near Christmas, of course.

At the end of the day, they do have you in a bit of a corner. You are gambling £100 against your home. If you do decide to cough up and smile, I would suggest going for the longest term possible (assuming you want that duration of tenancy). At least that way you will keep further fees to a minimum. £100, twice, every 6 months adds up to a big increase in your rental costs.

Just to make you feel even more likely to hug a lettings agent, there is every chance that they are also charging the LL for this "service" and that he has no idea you are being charged as well. Nice work if you can get it!

ollyver27

lighting_up_the_chalice wrote: »

Depends what your tenancy agreement says. But 8 month tenancies are unusual. They may have given an initial 8 months to avoid expiry near Christmas, of course.

At the end of the day, they do have you in a bit of a corner. You are gambling £100 against your home. If you do decide to cough up and smile, I would suggest going for the longest term possible (assuming you want that duration of tenancy). At least that way you will keep further fees to a minimum. £100, twice, every 6 months adds up to a big increase in your rental costs.

Just to make you feel even more likely to hug a lettings agent, there is every chance that they are also charging the LL for this "service" and that he has no idea you are being charged as well. Nice work if you can get it!

Thanks again. And nope - 'tis a 6 month agreement, as per the contract

lighting_up_the_chalice

ollyver27 wrote: »

Thanks again. And nope - 'tis a 6 month agreement, as per the contract

The yes, you are on an SPT. But the same rules apply regarding renewals/fees etc.