Tenancy 'Renewal Fee'

Guest101

ollyver27 wrote: »

Responses to my questions in red....

- 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? Yes you have
- Thus, can you please clarify how the date 21.2.14 has been generated? The landlord was not sure he wanted to continue renting out the property, he has now confirmed that he does and his wish is that an Assured Shorthold Tenancy is put in place. You have paid rent up to an including 21.2.14 and should you not wish to renew your tenancy and pay the appropriate fees that will be your final day in the apartment
- Can you also confirm that your original S21 expired on the 21st December, alongside your AST? No, the S21 is valid for 12 months from the date of issue
- Can you please clarify why we have until 24.1.14 to tell you of our intentions, given the above? You may tell us before that date if you prefer - however, the landlord wishes to make plans for his property so out of courtesy we have given you a few days to give us your decision. Should we not hear from you by close of business on 24.1.14 we will assume that you do not wish to remain in the property and it will be advertised to be let to alternative tenants. We really don't mind either way, so the decision is entirely your own.

Getting tired of this now

Simple, tell them you will remain in the property as tenants until the tenancy is legally ended.

Ie either by you or a court ( the only parties who canned a tenancy )

Tell them you will only allow viewings with prior written agreement, then do not give this.

And more correspondence answer 'I refer you to the reply in arkell v pressdram'.

mart.vader

ollyver27 wrote: »

Responses to my questions in red....

- 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? Yes you have
- Thus, can you please clarify how the date 21.2.14 has been generated? The landlord was not sure he wanted to continue renting out the property, he has now confirmed that he does and his wish is that an Assured Shorthold Tenancy is put in place. But a SPT is now in place !You have paid rent up to an including 21.2.14 and should you not wish to renew your tenancy and pay the appropriate fees that will be your final day in the apartment

That is Soooo wrong !

- Can you also confirm that your original S21 expired on the 21st December, alongside your AST? No, the S21 is valid for 12 months from the date of issue

This contradicts what it says in your post # 21


- Can you please clarify why we have until 24.1.14 to tell you of our intentions, given the above? You may tell us before that date if you prefer - however, the landlord wishes to make plans for his property so out of courtesy we have given you a few days to give us your decision. Should we not hear from you by close of business on 24.1.14 we will assume that you do not wish to remain in the property and it will be advertised to be let to alternative tenants. We really don't mind either way, so the decision is entirely your own.

Getting tired of this now

I think you need to do what guest101 says ", tell them you will remain in the property as tenants until the tenancy is legally ended. (better still, just ignore them)
Ie either by you or a court ( the only parties who can end a tenancy, (Of course, the LL can end the tenancy too, just not yet) )Tell them you will only allow viewings with prior written agreement, then do not give this."

Guest101

mart.vader wrote: »

I think you need to do what guest101 says ", tell them you will remain in the property as tenants until the tenancy is legally ended. (better still, just ignore them)
Ie either by you or a court ( the only parties who can end a tenancy, (Of course, the LL can end the tenancy too, just not yet) )Tell them you will only allow viewings with prior written agreement, then do not give this."

The LL cannot end a tenancy. He can apply to the court to regain possession, but only a court can do this.

mart.vader

Hmmm, yes, I suppose you're right.

And now I've looked at it further, this part is very suspect,

"however, the landlord wishes to make plans for his property"

While I'm a v. small LL myself, but if your LL "wishes to make plans for his property", he needs to take account of the fact that he has tenants in there, on an SPT, and needs to serve the correct notices !

ollyver27

mart.vader wrote: »

I think you need to do what guest101 says ", tell them you will remain in the property as tenants until the tenancy is legally ended. (better still, just ignore them)
Ie either by you or a court ( the only parties who can end a tenancy, (Of course, the LL can end the tenancy too, just not yet) )Tell them you will only allow viewings with prior written agreement, then do not give this."

Yes this does go against what I said, and I believe they are wrong. I'm almost tempted to challenge them on it, but...

I've been quite resigned tonight, and I'm thinking of just calling it quits and paying up (I hate even typing that) as is it even worth risking the roof over my head? Like I say, I can't afford the move-in process that comes with renting (more fees, one months rent, deposit, etc.). If I do just ignore etc etc. then they can still move us out in 2 months. That's not really an option. I'd only end up paying another agency £100 in fees to secure a new place again, and like I said, the deposit etc. And I live in central Manchester, where demand is pretty high (it was hard to even secure a viewing to get this place), so I doubt the letting agent/landlord is concerned about a vacant period?

I hate this industry. I hope it will change in the future...

Pixie5740

They can't move you out in 2 months time. IF the LL serves the correct papers he can then go to court and apply for an eviction order. Then it will take time after that to physically get you out the property.

Personally clinging on until bailiffs physically removed me from a property probably isn't something I'd do unless I was absolutely desperate. You probably feel the same.

I think it's still worth contacting the LL directly. Don't believe any !!!! and bull the LA has told you the LL has told them. Deal with the organ grinder.

I think England and Wales should make all these agency fees illegal like they are in Scotland. Otherwise the LA will have tenants by the short and curlies every 6 or 12 months.

ollyver27

Pixie5740 wrote: »

They can't move you out in 2 months time. IF the LL serves the correct papers he can then go to court and apply for an eviction order. Then it will take time after that to physically get you out the property.

Personally clinging on until bailiffs physically removed me from a property probably isn't something I'd do unless I was absolutely desperate. You probably feel the same.

I think it's still worth contacting the LL directly. Don't believe any !!!! and bull the LA has told you the LL has told them. Deal with the organ grinder.

I think England and Wales should make all these agency fees illegal like they are in Scotland. Otherwise the LA will have tenants by the short and curlies every 6 or 12 months.

You're right, I'm not prepared to go through all that mental stress of having eviction notices served and bailiffs coming, it's just not worth it.

I suppose there is no possibility of paying the fee then writing to the landlord is there to change? I suppose he doesn't care at that point, as we will have entered another AST. I just hate admitting defeat with the letting agent, as I know they are wrong. I may just sign and pay, then write the LL a letter stating my displeasure, and also give the letting agent bad (but honest) reviews.

I don't mind fees being charged WHERE THEY ARE JUSTIFIED and FAIR - this one isn't justified or fair. I KNOW it doesn't cost £100 to reference someone. And they have blatantly lied throughout. I know the S21 has expired already as I have it infront of me, but they think from the email I am just assuming it runs out with the previous AST.

Meh

ollyver27

mart.vader wrote: »

Hmmm, yes, I suppose you're right.

And now I've looked at it further, this part is very suspect,

"however, the landlord wishes to make plans for his property"

While I'm a v. small LL myself, but if your LL "wishes to make plans for his property", he needs to take account of the fact that he has tenants in there, on an SPT, and needs to serve the correct notices !

I see this as extremely suspect as well. Scaremongering on the letting agent's behalf

SerialRenter

Also worth asking the letting agents to justify their fee's by giving you a breakdown of costs.

But as all they'll do is change the dates on a word document, print it and mail it, I think they may have to be quite creative to justify £200!

rpc

If (and only if) you are happy to be on a fixed term tenancy, I would reply that you are happy on a SPT and have no intention to move out but you would agree to a new fixed term if the LL wants one. Given that you are happy with the status quo, you do not agree to pay any fees for a new contract.

If possible, send a copy to the LL as well so that the agent doesn't spin them a tale about how you are about to leave with little notice.