Letting agent troubles

taboobeaux

Hi everyone...my first ever post!

I have a question about my tenancy agreement...I am a tenant renting a property in an area that's 80% students, but I am working full time. My agreement says I must give 2 months notice to vacate, my contract ends in July 2015.

However the letting agency are already arranging viewings on my flat ready for the next influx of students NEXT academic year. If I pay them a fee they will suspend the viewings and draw up a contract for me to sign for a further 12 months (until July 2016).

If my contract says two months notice, when realistically it's 9 months notice, are the agents breaching the contract by forcing me to pay a fee right now, even when I don't know yet if I want to live here until July 2016?

Any help is appreciated :-)
Many thanks

[Deleted User]

Personally I'd refuse the viewings. You don't have to allow them althought it can be helpful to seem amenable when you need references, I think the LA are pushing it rather right now. At worst, they can't even give notice until May/June 2015 (for July). Don't sign a new tenancy agreement until you want to or until then. Its another 18 months (if you do sign) and you might decide you don't want to stay in the property within the next 6 months. You've only been there roughly 3 months out of a 12 month contract!

benjus

You could refuse the viewings; you could also refuse to sign a new tenancy agreement (even when the end of your current tenancy agreement fixed term comes along) and let the tenancy become a statutory periodic tenancy.

However, if you do that the landlord (probably on the advice of the agents) may simply choose to get rid of you asap (at the end of the fixed term, assuming no break clause) and let the property to someone else. That's just the way it is, I'm afraid - ASTs offer very little security of tenure.

Pixie5740

You're only a few months into a 12 month fixed AST. I think it's a bit rich that the LA are arranging viewings now. I guess you can take that to mean that they won't be renewing your tenancy in July 2015 and if you move on to a SPT you'll get a Section 21 (if you haven't already been issued with one).

I'd tell the agency to Foxtrot Osccar with regards to all the viewings now. You DO NOT have to pay the LA a fee to stop them from conducting viewings.

G_M

I would turn the fee round!

Since I can sympahise with the LL wanting to line up students for next year (assuming you do not plan to stay???), why not offer to allow a limited number of viewings, at times convenient to you, in return for the LL/agent paying you a fee for the inconvenience?

Failing this, if the agent is insistant:

1) write (yes, a letter) to the landlord at the address 'for the serving of notices' and send a copy to the agent, saying
a) your tenancy does not end till July 2015 and hence viewings at this time are a breach of your Quiet Enjoyment of the tenancy
b) ask them to contact you within the last month of the tenancy to arrange viewings at that time
c) till then you are not willing to permit viewings

2) then spend £5 - £20 (depending on type) changing the lock. It takes 5 minutes with a screwdriver. Use google/utbe for how. Keep the old lock and replace it when you leave.

[Deleted User]

Actually what the LA are suggesting doesn't make sense at all. Even if you did decide to give up the tenancy in July, that means the property will have a void period of two months.., so having gone over to a non student let, it doesn't make sense to put you through this to gain a student let where they are guaranteed to have a two month void and lose two month's rent.

Having gotten one non student let, one would assume they can do it again.

I suspect the LA are pulling a fast one to ring up more fees.

Personally, I'd be trying to get hold of the LL to have a chat. He may well not be even aware the LA are being so stupid, putting a tenant like yourself through this so he can have a two month void at best, and put you off renewing into the bargain.

stator

Wow, another new low reached by rental agencies.

As suggested above I would write the letter saying you refuse the viewings as they are interfering with your right to quiet enjoyment of the tenancy. Say that you will discuss the matter of renewal closer to the end of the tenancy.

taboobeaux

Thanks for the advice. I have asked them to cancel the viewings but they want to know if the flat will be let as from next summer so they won't cancel them unless I confirm I'll be staying by paying their fee & re-signing the contract many months in advance.

I actually had to do this last year in order to re-sign but about 2-3 months before the end date (I've lived here two years) but the landlord has changed to a different agency which are more pushy and also charge much higher fees than the last one. They've actually offered to match the fee we paid last year to the other agents (£45 per person - so £90 for me & my partner) as opposed to their INSANE £180.

stator

Just tell them you want to wait. They might be upset but they can't do anything until your end date anyway. A few months before the end make a decision. Then they will either accept or decline but I can't see why they would decline an easy renewal.

Pixie5740

Tell the LA to leave you alone. Your months away from deciding if you want another 12 month fixed term. Even if you reach July and haven't started anything you'll just start a periodic tenancy.

If they continue to contact you about renewing months in advance or arranging viewings months in advance tell them they're harrassing you which they ain't allowed to do.

pinkshoes

taboobeaux wrote: »

Thanks for the advice. I have asked them to cancel the viewings but they want to know if the flat will be let as from next summer so they won't cancel them unless I confirm I'll be staying by paying their fee & re-signing the contract many months in advance.

I actually had to do this last year in order to re-sign but about 2-3 months before the end date (I've lived here two years) but the landlord has changed to a different agency which are more pushy and also charge much higher fees than the last one. They've actually offered to match the fee we paid last year to the other agents (£45 per person - so £90 for me & my partner) as opposed to their INSANE £180.

Tell them you will be staying, but want to go onto a rolling contract rather than paying their fee. You will re-sign if they wave their fee.

Tell them any viewings are not acceptable and make it very clear you do NOT give permission.

Change the barrell in the lock so the EA can't get in, but keep the old lock.