Tenancy renewal fee - able to be reclaimed?

KenTR

My letting agency charge a £150 renewal fee, which I paid a few months ago. They then sent the 12 month contract, which I assumed would be the same as the previous one, but when when I received it, I noticed that the break clause had been taken out. I informed them of this omission, to which they sent out another contract, which I signed and returned. The landlord refused to sign this new contract. If I now give notice to vacate the property, would I have any grounds to claim the renewal fee back?

G_M

Yes.

They charged you for a renewal which did not happen.

A court would (almost) certainly find in your favour if it got that far.

What date will/did the last agreement expire?

To cover yourself, write (letter) immediately to the LL stating that as no renewal has been agreed, you are now/will be on a Statutory Periodic Tenancy as from (date).

Send a copy to the agent, together with a 2nd letter to agent requesting refund of your renewal fee. (you could copy that to the LL).

Seperately, serve your notice to the LL (cc agent), making sure you get the dates right for a SPT!

* Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

KenTR

Thanks for the useful reply.

The expiry was in December.

I was thinking that, if I had a case to get the fee returned, which from your reply it looks like I do, it may be better to wait until I move out and they return the deposit before I request the refund of the fee? (over the years, I've become distrusting of letting agents and their ever accumulating fees and charges)

I'll be giving over 2 months notice, which is more than enough by the look of things.

lighting_up_the_chalice

In your position, I would write to both parties and advise that, as the tenancy was not renewed, you will be deducting the fee from the next rental payment.

You do, of course, risk a claim for that amount against the deposit, but that can be challenged via whichever scheme is being used.

I am, of course, assuming that you can evidence the landlords unwillingness to renew the tenancy on the terms outlined in your OP.

KenTR

lighting_up_the_chalice wrote: »

I am, of course, assuming that you can evidence the landlords unwillingness to renew the tenancy on the terms outlined in your OP.

There are only telephone conversations. But the letting agent is a fairly big one, and they definitely should have notes of these on their computer systems if that would count as evidence.

lighting_up_the_chalice

KenTR wrote: »

There are only telephone conversations. But the letting agent is a fairly big one, and they definitely should have notes of these on their computer systems if that would count as evidence.

In that case, you might be on sticky ground. They work for the LL, not the tenant.

They have a document, signed by you, agreeing to a renewal.

It's going to come down to a judgement call. You know that you haven't received what you have paid for. But the issue is going to be evidencing that when everything on paper points to the contrary.

On balance, I would still follow the same course of action and deduct the fee from the next rental payment, with a full, written explanation for the deduction making reference to the telephone conversations you mention.

If you don't get it back before you leave, you probably never will.

KenTR

Thanks for the advice.

However, there is now another twist - I've received an email saying that I have signed an agreement without a break clause!

When I asked for the clause to be added in, this was the term that they added in, which I assumed was a break clause, and therefore this was the document that I signed:

10. NOTWITHSTANDING the provisions of the agreement relating to the Term of the tenancy, it is agreed between the parties that if the Tenant wishes to vacate the Property, he may give to the Landlord or his Agent not less than two months notice in writing to terminate the tenancy at any time after the commencement of the fixed term.
Any termination in accordance with this clause shall not prejudice any claim of either party against the other in respect of any breach or non-observance of the provisions of this agreement.


So, is that a legally binding break clause? :huh: