Tenancy 'Renewal Fee'

ollyver27

dancingfairy wrote: »

I believe the S21 is invalid because a) they have offered you a new contract and b) the deposit has not been re-protected when you went on to a rolling tenancy. I believe this is something they now have to do?
Their deadline of 24/01 is ridiculous.
df
Edit: in terms of bartering with the letting agent, then yes, of course it's possible. The problem you have is that you can either sign a new contract or wait for them to try and give you a court order and then you can point out the S21 is invalid etc etc. You need to discuss your tactics with your housemate. It's going to come down to who blinks first and it's not going to be easy to get the estate agents to lower their fees

I actually think the S21 is valid after re-reading the wording. I think it is saying that after the 21st December, then they can apply for possession. If it wasn't for this then maybe I would have fought it a bit.

However, told her today that I will pay the fees. This letting agency is a complete cowboy though. Told me that there was a waiting list for this building, but yet advertising a property on Rightmove at the moment for a property in the same building (yeah, must be a huge waiting list to justify putting an advert up then). They're just liars, I know they are lying, but obviously can't make accusations of this.

Sent her this: http://www.landlordlawblog.co.uk/2013/01/14/agent-charging-for-a-renewal/

and the ONLY THING she picked up on was that her tenancy renewal fees were lower. haha. It's fruitless...

Again, hate this industry as it stands. I'm sure not all operators are like this though.

I'm going to pay, and like I have said before, only because I live with someone else and I can't be selfish about this. If there's a chance we get moved out within a month or two because I won't back down from a fee, then that would be incredibly irresponsible of me.

However, I'm going to consider sending the landlord a letter after our new AST has been set up - just to detail what has gone on, and how I feel the agent has treated us. I know this won't affect us paying fees, but do you think this is a good idea? Or do I just need to drop this now lol

DRP

Did you contact your LL to see what they think?

I think someone recommended you photocopy your existing contract with new dates and then send it back to the EA. This is an other option.

rpc

DRP wrote: »

I think someone recommended you photocopy your existing contract with new dates and then send it back to the EA. This is an other option.

But the EA will still "need" to dig out the referencing file, read it again and then issue an invoice for having done so.

donfanatico

what i don't get is you've asked for advice, people told what to do or what they would do but you've ignored all of that and still done what you would have done anyway.

Herbalus

What I don't get is that you say you're stubborn and don't want to pay the fee, but are now going to, even though everybody on here has told you that it is unnecessary. You're already on a rolling contract and you do not have to leave on the date the estate agents have said.

Tell the letting agents you are happy on a rolling contract, and are staying. End of.

Nobody is going to evict a paying tenant without good reason. And getting the existing tenants to sign a new fixed term contract means there is no good reason. You won't be evicted for not signing.

Or maybe this is a wind up? I've been around here long enough to know that most people tend to take the advice when it will save them money.

donfanatico

Herbalus wrote: »

What I don't get is that you say you're stubborn and don't want to pay the fee, but are now going to, even though everybody on here has told you that it is unnecessary. You're already on a rolling contract and you do not have to leave on the date the estate agents have said.

Tell the letting agents you are happy on a rolling contract, and are staying. End of.

Nobody is going to evict a paying tenant without good reason. And getting the existing tenants to sign a new fixed term contract means there is no good reason. You won't be evicted for not signing.

Or maybe this is a wind up? I've been around here long enough to know that most people tend to take the advice when it will save them money.

Furthermore, You don't even have to tell the EA anything at all.You are already on a SPT.

If you request in writing the name and address of the LL , they have to , by law, provide this within 21 (i think)days

ollyver27

I did take all the advice on here, and I'm also extremely grateful of everyone's input. But you need to realise that it isn't just me in this property. Like I said in my previous post, it would be incredibly irresponsible of me to just go all guns blazing, when my flatmate just wants no stress and wants to remain in the property.

In terms of contacting the LL - I did purchase their details on the land registry. But no email or telephone, just address. So what happens if they don't reply? Doesn't care? Takes agent side? Have I risked my property and my flatmate's property? Like I said, re-reading the S21, I believe this means that they can instantly apply for possession...

Pixie5740

ollyver27 wrote: »

I did take all the advice on here, and I'm also extremely grateful of everyone's input. But you need to realise that it isn't just me in this property. Like I said in my previous post, it would be incredibly irresponsible of me to just go all guns blazing, when my flatmate just wants no stress and wants to remain in the property.

In terms of contacting the LL - I did purchase their details on the land registry. But no email or telephone, just address. So what happens if they don't reply? Doesn't care? Takes agent side? Have I risked my property and my flatmate's property? Like I said, re-reading the S21, I believe this means that they can instantly apply for possession...

Ignoring the LA isn't going in all guns blazing, you are already on SPT.

When contacting the LL about matters like this it is better to use pen and paper and put it in writing.

mart.vader

When I said, "Ollyver, Grow a pair", I meant, BALLS, not Fairy wings !