Extortionate tenancy renewal fee

G_M

'Quiet enjoyment'......'Quiet enjoyment'

Until a few years ago no one here had heard of it.

Now it is quoted here by posters as if it were an inalieble god-given right.

Yes, QE is s genuine legal concept which applies to tenancies.

No, it does not over-rule or 'trump' all other tenancy law.

It is just one aspect of a number of inter-related rights and responsibilities.

A LL still has rights of access, following from their legal obligations (eg to conduct gas safety inspections, repairs etc) and/or contractual agreements (as here).

As always with the law, where there is dispute, the courts are there to determine which rights prevail.

jjlandlord

A reasonable clause in a contract a priori stands.
One should ask for case law that decided that it did not, rather than the contrary.

Advising that a clause may be ignored 'because' is bad advice and dangerous.

Certainly when the landlord has a right of access, county courts do grant injunctions to enforce that right...

somethingcorporate

G_M wrote: »

'Quiet enjoyment'......'Quiet enjoyment'

Until a few years ago no one here had heard of it.

Now it is quoted here by posters as if it were an inalieble god-given right.

Yes, QE is s genuine legal concept which applies to tenancies.

No, it does not over-rule or 'trump' all other tenancy law.

It is just one aspect of a number of inter-related rights and responsibilities.

A LL still has rights of access, following from their legal obligations (eg to conduct gas safety inspections, repairs etc) and/or contractual agreements (as here).

As always with the law, where there is dispute, the courts are there to determine which rights prevail.

I don't think anyone said it trumps all tenancy law, it's still a valid consideration when a LL is requesting access.

Out of interest what losses would you be suing for is a tenant ignored your requests for access under the contract (so not gas safety etc)?

thesaint

somethingcorporate wrote: »

Out of interest what losses would you be suing for is a tenant ignored your requests for access under the contract (so not gas safety etc)?

Let's say the landlord arranged a potential tenant to view the property in the final month of the tenancy(this can be hard to distinguish under certain circumstances), and the potential tenant was travelling from afar under the asurance that he could view the property.

Current tenant prevents access to the property.

Potential tenant then sues the landlord for his travelling expenses.

Landlord then has sustained a loss because of the tenants actions.

pedgepuk

Thanks for all your replies so far. I didn't expect such clauses would come down to the LL imposing proceedings for any losses if all I want to do is stay at the property but not fork out the ridiculous renewal fee of £210.

Over the 4 years the LL has been good in providing me or arranging for things when I've requested and I've never had a problem with her giving me 24hrs notice for either an inspection, minor repairs or gas maintenance.

The LL last tenant refused to leave the property but owed 3mths rent and was eventually evicted or he left just before eviction. He did however refuse to allow anyone or viewings in the property during his last few months. He was a nightmare to other residents, i.e. ASB etc.

So is it fair to say that I should approach my LL first before getting back to the agent? Should I do this a week before the "allow for marketing/viewing" clause?

I do think it's still too soon and the agent (again left another voicemail today) is just placing pressure to make a decision now which I find a bit too premature.

Herbalus

pedgepuk wrote: »

So is it fair to say that I should approach my LL first before getting back to the agent? Should I do this a week before the "allow for marketing/viewing" clause?

There is no need to contact the agent at all, although obviously they will continue to pester you if you don't tell them anything. I would therefore contact the landlord and then let the agency know what you are going to do, but don't enter negotiation.

Something along the lines of "Dear letting agent, thank you for your repeated attempts to contact me. I don't wish to renew the contract at £x, but want to stay in the flat so no marketing or viewings will be necessary. Regards, Pedgepuk"

If they tell you that you can either sign and pay, or leave, just laugh at them. You don't have to leave if you don't renew, and they will know that as well.

ConfusedofYorkshire

Can't you just go onto a rolling contract? I've never paid a renewal fee.

somethingcorporate

thesaint wrote: »

Let's say the landlord arranged a potential tenant to view the property in the final month of the tenancy(this can be hard to distinguish under certain circumstances), and the potential tenant was travelling from afar under the asurance that he could view the property.

Current tenant prevents access to the property.

Potential tenant then sues the landlord for his travelling expenses.

Landlord then has sustained a loss because of the tenants actions.

Except it would be a foolish LL that agreed a visit with a new potential tenant without getting agreement from his current tenants!

Poor argument I am afraid.

pedgepuk

ConfusedofYorkshire wrote: »

Can't you just go onto a rolling contract? I've never paid a renewal fee.

I would prefer a rolling one, i.e. Periodic Tenancy, although not sure if the LL would due to the security etc.

thesaint

somethingcorporate wrote: »

Except it would be a foolish LL that agreed a visit with a new potential tenant without getting agreement from his current tenants!

Poor argument I am afraid.

I am not arguing whether it is foolish or not. Unless you are stating that foolish people are not subject to the protection of their rights in the British court system?

For the record. The landlord has the agreement from the current tenant. It's written down, and signed by the tenant. It's called a contract/tenancy agreement.