Tenancy renewal and 120 pound renewal fee.

Yorkie89NWB

Hello,

Me and my girlfriend have been renting this apartment since October 2017, the rent has continued to be 700PM, each time we renew we are charges £120

Our next renewal is April 2020, the fee will be £120

We are always given the option to renew 6/12 months, but no rolling contract?

I can't see anything in the tenancy agreement that mentions the terms of renewal.

What I am trying to get at is:

Are we able to get out of the 120 renewal fee going forward and should we be able to move onto a rolling contract?

Thanks

   Will.

tom9980

Yorkie89NWB said:

Hello,

Me and my girlfriend have been renting this apartment since October 2017, the rent has continued to be 700PM, each time we renew we are charges £120

Our next renewal is April 2020, the fee will be £120

We are always given the option to renew 6/12 months, but no rolling contract?

I can't see anything in the tenancy agreement that mentions the terms of renewal.

What I am trying to get at is:

Are we able to get out of the 120 renewal fee going forward and should we be able to move onto a rolling contract?

Thanks

   Will.

Letting fees are banned now in England.

Is the renewal fee mentioned in the contract you have?

https://england.shelter.org.uk/housing_advice/private_renting/letting_agent_fees_for_tenants

If you signed an agreement before 1 June 2019 
The ban on fees will not apply if you signed your tenancy agreement before this date even if your tenancy starts after this.  
Your landlord or agent will still be able to charge you fees until June 2020.
This includes charges for:

• referencing or credit checks

• admin costs for things like phone calls and postage

You can only be charged for renewing your tenancy after 1 June 2019 if an agreement signed before that date says you will have to pay a renewal fee.  

You do not have to sign a new contract you can decline and say you wish to stay on a rolling monthly tenancy agreement this is automatic when the term runs out.

Yorkie89NWB

The only piece referencing renewal I can see is this:

10. Other fees payable
10.1 At the renewal/extension of the tenancy a fee of £240.00 Inclusive of VAT to draw up the new lease and serve the correct notices under the Deregulation Act 2015 and £42.00 inclusive of VAT to reregister the deposit and supply the correct prescribed information, if applicable.

The letting agency has said that he can speak to the landlord about me going onto a rolling contract but he might not like this due to the thought if we decided to move out in Winter as this is the worst time/

grumiofoundation

Neither the letting agent nor the landlord can stop you going onto a rolling contract. 

Obviously a fixed term contract gives both you and the landlord security for the term and if you refuse to sign the landlord could take steps to regain possession (but this is very unlikely!). 

Yorkie89NWB

And am I tied into the 120 renewal?

tom9980

Yorkie89NWB said:

And am I tied into the 120 renewal?

Dont sign a renewal and you cannot be charged, they can only evict you but why would they if you have been a good paying tenant for years?

isplumm

Yorkie89NWB said:

And am I tied into the 120 renewal?

Of course not - as others have stated you don't need to renew anything - you will automatically move onto a rolling contract - of course landlord might not like that - but would he / she be willing to get rid of a tenant who has been with them since 2017? I suspect not.

Mark

Yorkie89NWB

Well seems all is ok, on a rolling contract now, no renewal fee, landlord seems ok with it according to letting agency.

notrouble

Since the fee is specified in your contract, it can be charged if you renew (for 6 or 12 months). The following year (ie after June 2020) it cannot be charged. See

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

Moving to a periodic tenancy

a) means no fee can be charged and

b) is your choice, not the landlords. See

* 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?