Tenant renewal fees not in contract - do I have to pay?

jessg34

Hi everyone,

I've been a tenant in the same flat for 3 years now and am coming up to renewal again. I've always resented paying the yearly fee of £90 just to renew the tenancy but obviously have done so as there is no choice. However, this year the fee has gone up to £114 which is even more unreasonable. This is apparently 'as stated in my contract', but having looked, I've noticed that in fact the whole bit about renewal fees is missing from the contract (it was there in previous years but for some reason not this time!)

Am I right in saying that if it is not in my tenancy contract I could legally object to paying it - or at the very least, perhaps offer to pay the original fee of £90 as I had no notice of the increase? Or do you think this will cause more trouble than it's worth?

Thanks for any advice.

Miss_Samantha

jessg34 wrote: »

Am I right in saying that if it is not in my tenancy contract I could legally object to paying it.

No.

However, this is a business negotiation and you do not have to renew at all. If you renew you accept the conditions, which you can try to negotiate, otherwise you simply don't renew.

mije1983

Of course you can object to paying it.

You may well have to find someone else to live though, as they might decide not to renew your agreement.

Guest101

Or you can go onto the rolling tenancy and call their bluff.


It's rare, but it does happen, that a paying tenant is evicted for non renewal

Cakeguts

Ask to go onto a periodic rolling contract. You don't get a sure fixed term but if this is accepted by the landlord you don't have to pay anymore fees for renewal.

G_M

If by 'renew' you mean sign a new fixed term tenancy agreement, then that is a new agreement. There may well be conditions (like a fee) associated wit it. Your options:

* move out at end of tenancy
* negotiate a lower (or zero) 'renewal fee' and ten sign.
* don't 'renew', but stay anyway on a periodic (eg monthly) tenancy.

Now 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?

always_sunny

G_M wrote: »

* don't 'renew', but stay anyway on a periodic (eg monthly) tenancy.

You may get a S21 if the LL doesn't wish to renew.
As others will tell you, it doesn't necessarily mean you are getting evicted, do not however expect a longer tenancy.

Marvel1

I'd you decide and tell agency you wish to go on a rolling monthly instead, expect to tell you cannot (they lie as there is £0.to them.

Worse case scenario, tell the landlord you have handed your notice in and issue you a section 21, to get more fees from a new tenant.

juniordoc

I have rented various properties and have never paid for renewing a tenancy.
Far much more work for a letting agent/ landlord to evict you than to let you stay on a monthly rolling agreement. Just tell them you decline their offer of renewa and are happy to defer to a periodic tenancy.

jessg34

Thanks everyone, that's really helpful advice - I'd never heard of the option of it automatically becoming a periodic tenancy. However, sadly I don't think it will work for us.

Our landlord is desperate to make us fix for another year, even though it's actually really inconvenient and we want 6 months (I start a new job in a different area of the city in October). It's all because apparently October/November is a quiet time in the rental markets and she doesn't think she'll fill it quick enough. However we also really don't want to move now, or before October (I'm writing my thesis and it would be so disruptive).

So if we say no to renewing for the year, I'm convinced she'll serve the section 21 now and we would have to leave at the end of April anyway (we really don't want to risk eviction notices), because she wants it advertised in the summer rather than winter months. Unfortunately I think we'll just have to renew and try and negotiate a lower fee!

Miss_Samantha

It never makes any sense when people claim that the landlord is at the same time "desperate to have a new fixed term" and "will serve a section 21" if she does not get one.

If the landlord is really 'desperate' then reply that you are happy to renew if they waive the renewal fees.