Tenancy Agreement Woes!

barnstar2077

Hi, I am looking for some advice about renting, hopefully someone can help me!

My partner was recently informed that her yearly tenancy agreement fee was going up from £30 to £100 with no explanation (The new charge doesn't have VAT listed like the previous invoices either, which I thought was a bit strange.) She spoke to a lady at David Martin and told them she could not afford to pay such a high fee and they agreed she could pay £40 this year, but that it would be £100 next year!

I don't know much about renting so I told her to contact her landlord as he probably isn't aware that they charge such high fees, and she might be able to convince him to talk to them for her.

She didn't have the landlords details, so she put a request in writing to them asking for his name and address. They rang her and asked her why she wanted the information, she said it was personal, and they said that they will pass on anything she wants to say to the landlord but would not give her his address!

My partner is an agency worker, she has been at the address about ten years but has to claim housing benefit to try to make ends meet. They are leaving messages telling her that the landlord needs the agreement etc, but I think they are just keen to get their money!

What can she do? Can she have an agreement in place that doesn't need to be updated every year which would avoid a fee? How would not having an agreement affect her rights and benefits? Can we force them to give us the landlords details?

Any help at all would be greatly appreciated as we are finding it all very upsetting.

Thanks,
Zack

GwylimT

I would very clearly inform them of their legal requirement to give the tenant her landlords details.

Pixie5740

Assuming this is England or Wales your partner could do nothing and just let the tenancy become periodic once the current fixed term ends.

Guest101

Indeed I'd let it lapse into a rolling monthly agreenent

anselld

barnstar2077 wrote: »

Can we force them to give us the landlords details?

Refer them to Section 1 of the Landlord and Tenant Act 1985
http://www.legislation.gov.uk/ukpga/1985/70

theartfullodger

Maybe worth paying land registry £3
https://www.gov.uk/search-property-information-land-registry

- to see what name & address they have for the property...

If address if property address landlord is likely either stupid or on the fiddle..

pmlindyloo

here is an explanation of a periodic tenancy.

http://www.propertyinvestmentproject.co.uk/blog/the-advantages-and-disadvantages-of-periodic-tenancies/

Just a couple of things. Your girlfriend (sorry, but partner suggests you are living together, a term to be avoided if girlfriend is claiming HB) needs to check her tenancy agreement to see what it says about what happens if the tenancy becomes periodic. Nothing mentioned means it will be a statutory periodic tenancy. Or it could be a contractual periodic tenancy and there may be a different notice to quit period.

Also as regards HB, on a periodic tenancy the terms remain the same as the original contract so there should be no problem with HB.

KingS6

Hi Zack.

If the LA have failed to provide the Landlord's name and address within 21 days of writing to the tenant, they have committed a criminal offence.

The tenant should not bother cautioning the LA. Also do not bother with Land Registry fee as referring to Council is charge free. This is a MoneySaving forum. It needs to referred to their local Council's housing department.

They will able to warn the Letting Agent that further failure to provide this information will result in sanctions such a fine. They will usually give them a further 21 days to send the information before escalating.

As far as I know the tenant has no obligation to disclose a reason for requesting the landlord's name and address. It is simply a legal entitlement to do so. The fact the tenant has disclosed a reason shows reasonable effort on their part and will play out well if it is escalated.

The LA have simply not provided a good enough explanation for willfully holding the information.

As for renewing the tenancy agreement, I strongly suspect they are just after the extra dough. A rolling tenancy is perfectly acceptable if they are happy staying there. When the tenant writes to the LL, ask if they would be agreeable to this.

G_M

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?



For the landlord, see:

Landlord & Tenant Act 1985section 1:

1 Disclosure of landlord’s identity.

(1)If the tenant of premises occupied as a dwelling makes a written request for the landlord’s name and address to—

(a)any person who demands, or the last person who received, rent payable under the tenancy, or

(b)any other person for the time being acting as agent for the landlord, in relation to the tenancy,

that person shall supply the tenant with a written statement of the landlord’s name and address within the period of 21 days beginning with the day on which he receives the request.

(2)A person who, without reasonable excuse, fails to comply with subsection (1) commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale.

sammyjammy

Chances are they are charging the landlord as well!