Tenancy 'Renewal Fee'

nidO

If you have any way to contact the landlord directly, you might just want to straight-up tell him that you have no particular desire to leave the property anytime soon but would rather switch to a statutory periodic tenancy than have to pay the agent a fee to change a couple of dates for a new fixed contract.
Assuming your LL has half a brain he'll be perfectly fine with this and you can then tell the agent to get stuffed, as rudely as you like.

The agent is simply trying to play hardball to get their fee and the LL undoubtedly has no idea it's even happening, he'd probably be horrified to find out that out of the three options you currently have (signing a new contract, moving to a statutory periodic, or leaving the property) the agent are pretending the middle option doesn't exist to protect their own profiteering, and risking kicking out a perfectly good tenant because of it.

All the talk of the legality of existing S21's etc is over the top imo, this will only actually become a real problem if you have a monumentally stupid landlord who'd rather have a void period than an existing tenant but not in a fixed term.

ollyver27

nidO wrote: »

If you have any way to contact the landlord directly, you might just want to straight-up tell him that you have no particular desire to leave the property anytime soon but would rather switch to a statutory periodic tenancy than have to pay the agent a fee to change a couple of dates for a new fixed contract.
Assuming your LL has half a brain he'll be perfectly fine with this and you can then tell the agent to get stuffed, as rudely as you like.

The agent is simply trying to play hardball to get their fee and the LL undoubtedly has no idea it's even happening, he'd probably be horrified to find out that out of the three options you currently have (signing a new contract, moving to a statutory periodic, or leaving the property) the agent are pretending the middle option doesn't exist to protect their own profiteering, and risking kicking out a perfectly good tenant because of it.

All the talk of the legality of existing S21's etc is over the top imo, this will only actually become a real problem if you have a monumentally stupid landlord who'd rather have a void period than an existing tenant but not in a fixed term.

Thanks Nido - so you think the best option would be to send a letter to the landlord's address directly? Can't find them in the online phonebook or anything. Is it the landlord who authorises a serving of a S21? Or can the letting agent do this? So if I send a letter, then even if the letting agent tries to be funny, at least they have a letter directly from me telling them my wishes to remain in the property.

Also, given that our AST was for 6 months and the tenancy started on the 22.6.13 - aren't we already on a periodic tenancy?

Cheers again,

Herbalus

ollyver27 wrote: »

Thanks Nido - so you think the best option would be to send a letter to the landlord's address directly? Can't find them in the online phonebook or anything. Is it the landlord who authorises a serving of a S21? Or can the letting agent do this? So if I send a letter, then even if the letting agent tries to be funny, at least they have a letter directly from me telling them my wishes to remain in the property.

Also, given that our AST was for 6 months and the tenancy started on the 22.6.13 - aren't we already on a periodic tenancy?

Cheers again,

If the contract start date is 22.6.13 and was for six months, then yes, you are on a periodic tenancy. What I would do is reply to the letting agents stating that you are already on a periodic tenancy and there is no need to sign a renewal for a contract, and that you have not been given official notice to leave in February, so there is no need to do so.

I would also send a letter to the landlord as people above have said, stating that you are happy to stay on a periodic tenancy and see yourself in the property for a good period of time. He'd be a fool to kick you out for not signing a six month contract.

(You could also mention to the landlord, if you want the security for your house, that you are happy to change the dates on the original contract yourself and sign that - it's perfectly valid and just what the letting agents will do).

alta

Just a thought for you, quite a few buy-to-let mortgages have a clause to say there must be a fixed term in place, otherwise the insurance on the balance is void.


Also, although £200 is well over the top for a renewal, this is how the agent makes a living, from the fees they charge, all part of business.


When you signed the contract you should also have signed a document with a list of "possible" charged during your tenancy. If these ere not pointed out to you, and are not written in the agreement, then they are un-enforceable.

Zorz_2

ollyver27 wrote: »

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

There is a special place in hell, reserved for lettings and estate agents...

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.

Are you sure that it's the mere offer of a new tenancy that invalidates the s21 notice or only the actual signing of the new tenancy?

alta wrote: »

Also, although £200 is well over the top for a renewal, this is how the agent makes a living, from the fees they charge, all part of business.

A business that is openly misleading the customers?

alta

A business that is openly misleading the customers?[/QUOTE]


Exactly a business, I'm not saying that all agents are squeaky clean, but if you are looking for, say car insurance you would look at the extras you get with it not only the price, and if you were not happy, you look elsewhere.
This is no different to lettings, all agents now by law have to openly have their fees displayed. If then the tenant is not happy, then they can look elsewhere.
If they did not sign terms of business and these charges where not made clear before signing or in AST, they I would dispute it with the agent, but in the end the tenant signed the agreement.

donfanatico

I Would just ignore The agent as you are already on a SPT and see if The LL is contactable to let them know your Intentions.

Where is The date 21.02 coming from?

mart.vader

donfanatico wrote: »

I Would just ignore The agent as you are already on a SPT and see if The LL is contactable to let them know your Intentions.

+ 1 to that ^ ^

ollyver27

donfanatico wrote: »

I Would just ignore The agent as you are already on a SPT and see if The LL is contactable to let them know your Intentions.

Where is The date 21.02 coming from?

Letting agent is only contactable by post though, which is what I am worried about.

No idea where the date 21.02 is coming from?

I'm going to email the agent now:

Hi <their name>,

Thanks for your quick response.

A couple of questions I need to clarify before we reach a decision:

- Our contract commenced on the 22.6.13, and states this was for 6 months. Thus, as the 6 months ended on 22nd December, can you please confirm that by default we have already entered a SPT?
- Thus, can you please clarify how the date 21.2.14 has been generated?
- Can you also confirm that your original S21 expired on the 21st December, alongside your AST?

As I said, we will let you know on confirmation of the queries.

Whilst they respond, I am going to draft a letter to the landlord and state:

- We are good tenants - always pay the bills on time, and even actually improved by painting the whole place in original colour!
- We're happy to go on to periodic OR 6 months, just not happy to pay the fee
- In the letter give our telephone numbers and emails

This a good strategy in terms of dealing with both letting agent and landlord?

I know that this is possibly scaremongering on behalf of the letting agent, but I also need to be really careful that I don't end up getting moved out in 2 months! Thin line...

Out,_Vile_Jelly

Please contact your landlord directly stating that you would like to stay in the property (for x years/months if you have a rough idea) but object to these unnecessary fees (re-referencing !!!!!!- the things letting agents make up!). Reiterate that you are taking good care of the property and are responsible tenants. The LL may well be being charged some made-up fee for the contract renewal too, and is likely to be annoyed that they are potentially losing good tenants over this.

I contacted my LL in this situation and he told the agents he was fine to go onto statutory periodic and to drop the fee demands. He was very interested to hear about the faux-legal bluster the agent was using in his name, and the increasingly threatening tone.

Edit: just seen your post above OP, I do hope you got written permission before painting! Best not to mention it if not....