Letting agents - adding a term to our new lease

biged670

Hello,

We are currently living in a rented property and we are now at the point where our latest tenancy agreement is due for renewal. We've been informed that there is a £30 admin fee for the privilege and I've made it clear I'm not willing to pay this fee.

The agents have tried playing hard ball but eventually backed down saying that it will be waived on this occasion but it is now going to wrote into my new tenancy that upon renewal there will be a £30 admin fee due if the we do indeed choose to renew.

My question is - are they even allowed to add this term/clause to the agreement? Surely the contract is between the landlord and the tenants and not the agency?

Guest101

It's complex.


The contract is between you and the ll and they couldn't use that to enforce it, HOWEVER the court will take on the balance of probabilities, you agreed to pay this and a separate contract exists.


Why are you bothering to renew?

theartfullodger

You don't have to renew or agree to any changes or new clauses. The tenancy continues, as periodic, after end of fixed term. Neither agent or landlord can prevent that happening.

Do nothing.

biged670

Guest101 wrote: »

It's complex.
The contract is between you and the ll and they couldn't use that to enforce it, HOWEVER the court will take on the balance of probabilities, you agreed to pay this and a separate contract exists.
Why are you bothering to renew?

I really don't know why we are to be honest. Am I going to lose anything by not renewing, apart from the security of a fixed period?

Guest101

biged670 wrote: »

I really don't know why we are to be honest. Am I going to lose anything by not renewing, apart from the security of a fixed period?

No, that's it. The only different is the fixed term end and it becomes a rolling monthly term

mrginge

Adding such as clause is meaningless.

biged670

I really don't like how they've resorted to 'bullying tactics' by telling me it will now form part of the new agreement. I think I'm just going to tell them we're going to continue on a rolling contract - Thanks for the advice

Mossfarr

Just don't sign anything. They can't hold you to a new contract with additional clauses if you don't sign it.
Renewing tenancy agreements at the end of the fixed term is unnecessary and is just a way of the Agent squeezing more fees out of you.

G_M

biged670 wrote: »

Hello,

We are currently living in a rented property and we are now at the point where our latest tenancy agreement is due for renewal. We've been informed that there is a £30 admin fee for the privilege and I've made it clear I'm not willing to pay this fee.

The agents have tried playing hard ball but eventually backed down saying that it will be waived on this occasion but it is now going to wrote into my new tenancy that upon renewal there will be a £30 admin fee due if the we do indeed choose to renew.

My question is - are they even allowed to add this term/clause to the agreement? Surely the contract is between the landlord and the tenants and not the agency?

Yes of course they can. They are offering you a new contract. They can change the rent, or any other terms they wish.

You can either agree, or decline the new contract as offered.

Yes, the contract is between the landlord and tenant, but the agent is acting on behalf of the landlord and with his authority. Whether the LL actually knows of this additional clause probobly means nothing since he has (probobly) delegated full negotiating powers to his agent.

As for whether such a clause has meaning, well not really in law, though they will use it in future negotiations.

When this new contract expires in another 12 (6? whatever) months, the same thing happens: they'll offer you another contract which, at that time, you can accept, decline, or negotiate!

Of course, negotiation in 12 months over the fee will be tougher as they will point to the clause, but you can still say "I'll only sign if you waive the fee."

As for what happens if you decline (either this or the next contract) read:


* 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?

biged670

Just to give an update, I emailed the letting agents last night and advised we would like to continue with the tenancy on a periodic basis rather than sign a new contract. They came back this morning, first saying they would need to speak to the landlord, and then secondly to say they had spoken to the landlord who has refused to allow us to continue with the tenancy on this basis (I could have put money on this happening and I'm not even sure they will have spoken to the landlord to be honest.) As such, I've asked for the landlord's contact details so that I can discuss it directly and again, as predicted, they've declined to provide me these details as they are managing the property and acting on the landlords instructions. I've asked for my details to be passed onto the landlord and for them to contact me so we can discuss the issue. Lets see where it goes from here...

HouseBuyer77

You could always write your LL a letter. Their address should be in your contract. However it may be LL c/o Agent.

In which case you can pay £3 to the land registry and find a name and address for the owner of your rental property (very rarely the owner and LL won't be the same but then they'll have different names so it should be pretty obvious).

Also note that neither LL or Agent can refuse for the tenancy to continue on a periodic basis. If you don't sign a new fixed term contract and continue living in the property this just happens automatically.

What they can do is issue you an S21 notice requiring you leave and then apply to court for you to be evicted after that notice expires (2 months). Only the court can terminate the tenancy.