Fees sneaked into agreement later

Birdwell

Hi all,

I am renting my place since a couple of years ago. I signed a first tenancy agreement for 12 months that did not include renewal fees. When that expired, I signed a second tenancy for a new term. It turns out that the second tenancy agreement was not simply an update of the initial agreement with new dates, but added renewal fees. Now that the second tenancy is approaching its end, the letting agent wants me to pay the fees specified in the second contract.

I suppose I could be blamed for having taken the letting agent for his word when he said that the new agreement was just to keep paperwork current. However, it seems to me that it is unfair and unreasonable for him to have added such a clause to the contract without drawing attention to it. What do you think ? How such I go about disputing the fee?

mrginge

1. You dont sign a new agreement and move to a period tenancy.
2. You offer to sign a new agreement but for a fee you believe is acceptable.
3. You sign a new contract and pay the fee the agent asks for.

Your choice.

G_M

Well the law assumes that when you sign a contract you are sensible enough to have read it first - with some exceptions eg mental incapacity, hidden unfair terms etc.

So, sorry. You signed so you are legally bound.

Whether you wish to sign another new contract is, as mrginge says, up to you.

See

* 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?

davidmcn

The terms of any new contract are up for negotiation. You don't have a right to renew it at all, never mind renew it for no fee.

MataNui

Its just a scumbag letting agent trying to get more money. A friend of mine inherited a house when his dad died. He didnt want to sell it but also didnt want anything to do with being a 'landlord' so let it out via a local estate agents.

A couple of weeks ago he was telling me that he was approached in work by the tenant (they work for the same company so see each other frequently) complaining about Renewal fees they were being asked to pay and asking him why he had done that. He checked the paper work he had from the EA and it had nothing at all about renewal fees. They had added it to the contract at some point over the last couple of years.

So this is just a case of the agent seeing a chance to get more cash for themselves while doing absolutely nothing at all to earn it.

[Deleted User]

Why not have a word with the LL and see if they'll let you stay on a periodic tenancy or even end the contract with the LA.

The LA have to give you the LL's address within 21 days of you asking for it, if you don't have it.

Birdwell

Hi,

After some more negociating, we went into a periodic tenancy.
To try and avoid making the same mistake, I'm reading the agreement back to back. I've got a question to you guys about the notice times. The front page says:

TERM: On a Statutory Periodic Tenancy The tenant may give ONE MONTH NOTICE at any time.
Commencing on : 1st August 2016 on a Monthly Rolling Contract

In the small articles:

13. It is agreed that the Tenant will give NO LESS THAN ONE MONTHS NOTICE AT ANY TIME in writing to the Landlord/Agent of his intention to terminate the tenancy
14. It is agreed that the Landlord will give NO LESS THAN ONE COMPLETE RENTAL MONTHS NOTICE as per the Housing Act 1988 (Amended 1996) in writing to the Tenant of his intention to renew or terminate the tenancy at the expiry date.
15. It is agreed that both parties will ensure that any notice is an original signed letter
16. It is agreed that if notice from either party is not received by the Landlord/Agent the tenancy will become a Statutory Periodic Tenancy and WILL CONTINUE ON THE SAME TERMS FROM ONE COMPLETE RENT PERIOD TO ANOTHER. Statutory notice periods will apply

Since it is a periodic tenancy, it seems to me that article 14 is moot as there is no expiry date. So the landlord/agent would have to provide two months' notice, if I read section 7 properly from here: https://www.gov.uk/government/publications/how-to-rent/how-to-rent-the-checklist-for-renting-in-england#at-the-end-of-the-fixed-period

Am I correct here ?