Renewing tenancy agreement

Carpetman

We have rented a flat for the last 12 months on a fixed agreement and were offered, in writing, another 12 months, albeit at a slightly higher rate. "We are pleased to inform you that your landlord would like to offer you a further fixed term of 12 months at a rental of £xxx.xx per calendar month.

If you wish to accept your landlord’s proposal a payment of £125.00 (inc VAT) is required to cover the cost of extending your tenancy. This payment can be made via debit or credit card by contacting the Renewals Team on the above number"

We duly completed the forms and paid the admin fee, however we have now received the following:

"I regret to note that we are still not in receipt of both signed copies of the extension tenancy agreement. I must therefore advise that the tenancy is a Statutory Periodic Tenancy in accordance with the provisions of the Housing Act 1988. Where an increase in rent has previously been agreed this will continue to apply."

We have done everything asked of us and it appears that the Landlord hasn't returned his copy. It is my contention that being offered the extra 12 months and having our payment accepted we have entered in to the agreement and it is the responsibility of the Letting Agent to ensure the Fixed Period is adhered to.

Thoughts please.

BitterAndTwisted

It is the responsibility of the agent to return your renewal fee if you haven't got the security of another fixed-term AST. The agent cannot compel the landlord to sign his copy of the AST and it's highly likely that the landlord was never consulted by the agent before they decided to take £125 off you.

Pixie5740

I wonder if this has come about because the LL is refusing to pay admin charges for signing another 12 month tenancy agreement.

bris

BitterAndTwisted wrote: »

It is the responsibility of the agent to return your renewal fee if you haven't got the security of another fixed-term AST. The agent cannot compel the landlord to sign his copy of the AST and it's highly likely that the landlord was never consulted by the agent before they decided to take £125 off you.

It's also highly possible that the LL has been hit with a similar fee and is happy to refuse to pay it so it can run periodic. EA's are good at hitting both parties.

jjlandlord

It is likely that the contract and new tenancy have already been created by the actions you described.

You can either insist that it is the case or agree with them that it isn't.

In the latter case you should of course demand a full refund and tell them that you will continue to pay the previous rent since the higher rent was part of the new fixed term tenancy deal.

I 'like' how they are trying to pick and choose what still applies and what doesn't.

mrginge

Agree with JJ. It does sound very much like you have a valid contract for 12 months if thats what you want.

The LL (through his agent) made an offer
You accepted the offer
You provided consideration by paying the admin fee and increased rent.

The presence of a signature is irrelevant, especially since the LL (through his agent) has accepted increased rent which was a condition of the offer.

G_M

If you want the security of the new fixed term agreement, write and insist that it has been created by the offer made by the landlord's agent, your acceptance of it, further demonstrated by your payment of the higher rent specified within it.

If you are happy with a SPT, which can continue indefinately, but with less security (see below), write back agteeing you have a SPT and requesting the return of your fee.

See


Ending/Renewing an AST (what happens when the Fixed Term ends?)(What is a Periodic Tenancy?)(How can a LL remove a tenant?)(How can a tenant end a tenancy?)

Carpetman

Thanks for all your replies.
Does anyone have a form of words I can use to insist that the offer made and agreed to now constitutes a fixed term contract?
Cheers

Gwhiz

Carpetman wrote: »

Thanks for all your replies.
Does anyone have a form of words I can use to insist that the offer made and agreed to now constitutes a fixed term contract?
Cheers

Just use GMs first sentence above.

Carpetman

UPDATE: Reply from agent. If only they'd been upfront first time round!!!

"Many thanks for the below email, your comments of which have been noted.

We would advise that until we receive both the Tenants and Landlords signed Extension Form we cannot legally bind the Fixed Term Tenancy therefore in the meantime the tenancy has lapsed onto a periodic tenancy.

As it stands we have received your Agreement and the Landlords Agreement but it has only been signed by one of the Landlords, and it needs to be signed by both Landlords. We are currently awaiting the return of it with both signatures on it.

As soon as we receive this we will be able to revert the agreement back to a Fixed Term.

We apologise if we have caused you any concern and we will be in touch once the Landlord has returned the Tenancy Extension with both the Landlord's signature."

theartfullodger

Personally I'd suggest they go forth & multiply....

Expecting agents to be

upfront first time round!

is likely to lead to disappointment & tears...