Letting agent fees

Dom1978123

Hi, Just a question on tenancy renewals. We renewed our tenancy on a property we have lived in for 9 years. We have paid LA fees every year, and was fully expecting not to this time around due to the change in the law. This was not the case and they wanted £96 because even though it is a new tenancy agreement signed 20th Nov 2019, it was really a ‘renewal’ of a tenancy agreed before June 2019 when the law took effect. Therefore they could still charge us until March 2020.
This seems fishy because even the clause from some gov website that they provided me as proof states that charges do not apply to agreement signed after June unless there is agreement in a previous contract. I couldn’t find any reference in the old agreement to renewal fees.

Advice would be appreciated

Dom

giraffe69

Advice oft repeated on this forum is that

a. You don't have to renew and pay. Your contract continues
b. You will save £96
c. In theory your landlord might decided he doesn't want you any more but if you have been paying the rent reliably for a long time why would he wish to do that?

G_M

Dom1978123 wrote: »

.......charges do not apply to agreement signed after June unless there is agreement in a previous contract. I couldn’t find any reference in the old agreement to renewal fees.

Claim the fee back. If refused, refer to the relevant ombudsman, or apply to the First-tier Tribunal.

Tenant Fees Act 2019: guidance for tenants (updated July 2019)

See also


* 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?

Dom1978123

Hi again and thanks for the replies. It is important to say that I have refused to pay until I have ascertained my rights, they were not happy about this but hey ho.

Having looked again at the TA I found a clause where the LL and tenant incur the fair cost of drafting a TA (or words to that effect) As all they have done in the previous 9 years is print the old TA and amend dates and rent, I wonder if this is what they were talking about maybe and is this really a fair cost?

My LL (who I have an excellent relationship with) tried to explain on behalf of the agency that as this is a renewal of a previous TA dated before 1st jun 2019, they can still charge the fees until next year. Our tenancy has always run from November to November.

The way I understand it is that as of 2 days ago, we signed a new TA from that date and the previous TA has expired.

Thanks again

Dom

Comms69

Dom1978123 wrote: »

Hi again and thanks for the replies. It is important to say that I have refused to pay until I have ascertained my rights, they were not happy about this but hey ho.

Having looked again at the TA I found a clause where the LL and tenant incur the fair cost of drafting a TA (or words to that effect) As all they have done in the previous 9 years is print the old TA and amend dates and rent, I wonder if this is what they were talking about maybe and is this really a fair cost?

My LL (who I have an excellent relationship with) tried to explain on behalf of the agency that as this is a renewal of a previous TA dated before 1st jun 2019, they can still charge the fees until next year. Our tenancy has always run from November to November.

The way I understand it is that as of 2 days ago, we signed a new TA from that date and the previous TA has expired.

Thanks again

Dom

If you decide not to renew, you just become a rolling (probably monthly, unless your contract says otherwise) tenancy.


If you have an excellent relationship with the landlord, just tell them you're happy to go monthly to save the money - and can confirm you aren't thinking of leaving.

G_M

Dom1978123 wrote: »

The way I understand it is that as of 2 days ago, we signed a new TA from that date and the previous TA has expired.

????? What on earth do you mean "The way I understand it is..."? How can you not know whether you signed or not?

Did you or did you not?

a clause where the LL and tenant incur the fair cost of drafting a TA (or words to that effect)

Sorry - but I really hate this. Expecting legal advice based on vague 'words to that effect'. Please quote the exact wording before we try responding with guesses.

Smodlet

To any Strictly fans, remember when Giovanni (in his first year) dared to contradict Len Goodman? Claudia told him he must never do that and he never did again. Annoying G_M is much, much worse; please never do this.

G_M

:rotfl: :rotfl: :rotfl:


(ps - I hate 'Strictly' too)

Smodlet

G_M wrote: »

:rotfl: :rotfl: :rotfl:


(ps - I hate 'Strictly' too)

You can't buy taste, G_M... :A

G_M

Smodlet wrote: »

You can't buy taste, G_M... :A

Oh yes you can!


https://www.worldstrendingtopmost.com/2017-2018-2019-2020/foods-drinks/top-10-expensive-chocolates-world-luxury-brands/

Smodlet

Social media? No.