Renewed tenancy direct with landlord- need advice

Bleon

Hi

Iv trawled the internet and forum but am struggling to find an answer to my query

We moved into a rented property back in 2015 and signed a 6 month tenancy via a letting agent with the landlord managing the property directly. The agents sorted the deposit protection and the agreement included us paying a £75 ‘moving out fee’ to the agent when we move out.

At the end of the 6 months we signed up for another 6 months (and subsequently signed further renewals) directly with the landlord, we’ve had no dealing with the agents in the last 3 years. The new agreements we have signed are literally 2 pages long just confirming the new dates and signatures.

We are approaching the point where we are looking to move out and:

1) are we obliged to pay the moving out fee still now that we signed paperwork direct with the landlord?
2) should the landlord of protected our deposit directly with the deposit holders as it seems odd we have to go to the old agent to get this back?

Any help or advice would really be appreciated

Thanks

HampshireH

Do you pay rent via the agent? From what you said it sounds like they are just dealing with collection of monies

No reason why if they are still employed by the LL and they registered tour depoait there should be an issue.

HampshireH

That should have been *your deposit.

Bleon

Thanks for the reply, the rent goes directly to the landlord, i believe they are under the impression the contract is rolling periodically but its not and we have always signed a new agreement with the landlord

It’s more re the moving out fee, it’s not a lot of money but I would rather not have to pay it. It’s written into the original tenancy that the moving out fee is deducted from our deposit, however the subsequent agreements directly with the landlord don’t note this?

Pixie5740

Bleon wrote: »

Thanks for the reply, the rent goes directly to the landlord, i believe they are under the impression the contract is rolling periodically but its not and we have always signed a new agreement with the landlord

It’s more re the moving out fee, it’s not a lot of money but I would rather not have to pay it. It’s written into the original tenancy that the moving out fee is deducted from our deposit, however the subsequent agreements directly with the landlord don’t note this?

Your contract is with the landlord not the letting agent. It's down to the landlord to decide how much, if any, can be deducted from your deposit regardless of who registered it in the first place. The latest incarnation of your tenancy agreement doesn't mention the fee so I don't see how it can be deducted from your deposit. There appears to be some mis-communication between the landlord and his agent but that is down for the pair of them to sort out and has nothing to do with your contract with the landlord.

TBagpuss

It sounds as though the new tenancy agreement replaces the original one and the terms have changed so they don't include the check out fee.
In relation to the deposit, if the agents try to deduct the fee then challenge it through whichever scheme the deposit is protected with.

saajan_12

Bleon wrote: »

Hi

Iv trawled the internet and forum but am struggling to find an answer to my query

We moved into a rented property back in 2015 and signed a 6 month tenancy via a letting agent with the landlord managing the property directly. The agents sorted the deposit protection and the agreement included us paying a £75 ‘moving out fee’ to the agent when we move out.

At the end of the 6 months we signed up for another 6 months (and subsequently signed further renewals) directly with the landlord, we’ve had no dealing with the agents in the last 3 years. The new agreements we have signed are literally 2 pages long just confirming the new dates and signatures.- please quote the new 2 page agreements: do they reference the original tenancy and effectively say all original terms carry through with dates changed, or do they completely replace the old terms?

We are approaching the point where we are looking to move out and:

1) are we obliged to pay the moving out fee still now that we signed paperwork direct with the landlord? - depends if the new agreements fully replace the original or if the original terms still stand with just dates changed.
2) should the landlord of protected our deposit directly with the deposit holders as it seems odd we have to go to the old agent to get this back? - its always up to the LL to ensure the deposit is protected by someone. You should ask for your deposit back and if yo ucan't agree on deductions then go to the protection scheme. Who you deal with (LL or agent) is likely irrelevant.

Any help or advice would really be appreciated

Thanks

Please quote the actual terms of the latest agreement: I suspect either
a) if the old terms carry through -> the £75 fee may still apply; or
b) if no reference is made to an earlier agreement then the live contract has no fee due -> dispute any deduction by showing the latest agreement.

Re deposit, ask the LL for its return and initially follow their instructions re whom to contact. However if you don't have any success, then you cna just claim it from the deposit scheme. If it isn't protected at all then you can sue the LL for the penalty.

Bleon

Thank you so much for your help

The new contract only mentions our names, address’, length of tenancy, monthly rental and signatures. Literally that is it, no other info whatsoever.

I’m aware I was probably extremely naive to sign it. If i have to pay the fee it will be lesson learnt

I understand what everyone is saying though and it’s helpful to know I should only be concerned with dealing with the LL are the deposit

G_M

Bleon wrote: »

Thank you so much for your help

The new contract only mentions our names, address’, length of tenancy, monthly rental and signatures. Literally that is it, no other info whatsoever.
And yet you say it "literally 2 pages long ..." - how can that take 2 pages?
It really is important to quote exactly. This could either be a
* renewal or
* new tenancy agreement
and it makes a big difference which

I’m aware I was probably extremely naive to sign it.
I have no idea why you think this

If i have to pay the fee it will be lesson learnt
if you have been renewing the original contract every 6 months, then the original clause relating to the £75 is valid and could be enforced (though it may not be).
if you have been signing brand new contracts, then the terms of the original contract are irrelevant.

I understand what everyone is saying though and it’s helpful to know I should only be concerned with dealing with the LL are the deposit

Ignore the agent - you have no contract with them. Serve your notice (properly!) on the LL and claim back your deposit from the LL.

Bleon

G_M wrote: »

Ignore the agent - you have no contract with them. Serve your notice (properly!) on the LL and claim back your deposit from the LL.

The second page is purely the signatures, the first page sets out the other info. There is no mention of the word renewal although to be fair our txt message correspondence did refer to the ‘contract being for renewal’

Thanks for your help

I feel naive for signing a tenancy with such little info and not clarifying prior to signing

Chris_W_2

You might have a contract with the LA.

When you applied for the property did you sign anything that agreed what charges would be applicable and when sometimes they are called Tenancy Fee Declaration Forms. Ask the LA for a copy - nothing signed could mean you are not liable for the charge.

If its referred to in the AST only - when did they provide the AST as you cant be liable for reasonable charges that you weren't made aware in advance of signing the AST. ie if charges only brought to your attention on signing AST then you could argue not paying.

The landlord might have employed the agent to hold and register the security deposit for him even though he is managing the property and then at the end of the tenancy the LA agent may carry out some kind of "checkout" service to which you could be liable for a charge.

Which scheme is the deposit held and who provided you with the relevant certificate and prescribed information?

The landlord is still responsible for agreeing deductions with you directly even if the LA holds the deposit.