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

jessg34

Sorry maybe I didn't make this clear - but it is the estate agent in the middle who will be getting the renewal fee, rather than the landlord. So the landlord doesn't have the power to waive the fee.

Miss_Samantha

jessg34 wrote: »

Sorry maybe I didn't make this clear - but it is the estate agent in the middle who will be getting the renewal fee, rather than the landlord. So the landlord doesn't have the power to waive the fee.

You misunderstand the situation.

The agent cannot charge anything without the landlord's consent. You are negotiating with your landlord. Whether your landlord gets her agent to actually waive the fee or pays it herself is immaterial to you.

If your landlord is 'desperate' presumably £100 is nothing. Otherwise, it means that she isn't so desperate after all and you probably won't be evicted for not renewing...

Out,_Vile_Jelly

I got sick of these fees and contacted my LL direct to ask whether they had any particular objection to going onto a periodic tenancy and saving us both the charges. They were fine, although the agency didn't like us speaking together (laughably claimed it was "illegal").

SerialRenter

jessg34 wrote: »

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)

If you only want to be in that area for another 6 months, don't feel pressured to sign another years fixed term.

The laws of the land automatically change a fixed term tenancy into a periodic tenancy at its end, the landlord and letting agent have zero say in the matter.

And they have zero reason to issue you with a S.21. Assuming you pay your rent on time. Ignore that threat.

However you could always compromise and ask for a 6 month fixed term.

G_M

Another reason tocontact the LL is to ask if he is also paying a renewal fee to the agent.

The TPO Code of Practice for letting agents does not allow agents to charge twice for the sae service, though I strongly suspect this frequently happens.

5n You must not make a tenant or landlord pay a charge for or be
liable for an element of your service that the other party has also been charged for in the course of the same transaction.

You can also stress to the LL that you preference to gor periodic does not mean you plan to leave, just that you don't like the fees.

saajan_12

G_M wrote: »

Another reason tocontact the LL is to ask if he is also paying a renewal fee to the agent.

The TPO Code of Practice for letting agents does not allow agents to charge twice for the sae service, though I strongly suspect this frequently happens.

How could that ever be enforcible? If the fee is often not particularly representative of the direct costs of organising a renewal, couldn't the LA just argue it was one fee split between the LL and tenant (rather than charged twice)

Miss_Samantha

saajan_12 wrote: »

How could that ever be enforcible? If the fee is often not particularly representative of the direct costs of organising a renewal, couldn't the LA just argue it was one fee split between the LL and tenant (rather than charged twice)

Of course. The TPO does not seem to understand agency...

G_M

Hey - I didn't write the code! Just suggesting another possible way forward for the OP.