Paid to renew tenancy 2019, contract went missing? HELP

misscparmz

Hi All, 

I’m new to the group and I’m researching as much as possible but think I need additional help. 

WARNING this is long winded! 

In October 2018 I had moved into an apartment using letting agency Miller Countrywide. At the time I moved in I had paid a very large amount in agency fees however I paid them and signed the tenancy agreement for 6 months.  

6 months later I received an email asking if I would like to renew my tenancy agreement for 12 months, which will be charged £90. I agreed, paid £90, signed the documents and returned them via post, as instructed. A couple weeks later I had a chase letter stating my documents had not been received. This caused a huge concern as all my personal details were on that agreement. However I contacted Miller via phone and asked them where has my contract gone? They replied stating they are unsure but will send me a prepaid envelope and new contract to return. I received this a week later, signed the contract and returned. I had never received any other chase letters and assumed my contract was renewed. 

I have received recent communication from miller asking if I would like to renew my contract again for £125? I was very confused by this as I thought the agency fees have been scrapped plus the fee has increased by £35 from last year. I then contacted Miller in regards to this and they replied stating this fee was stated in the contract that was renewed in 2019. I asked for a signed copy of my agreement so I could check this, however the gentleman on the phone could not find my contract and confirmed I was in a rolling contract. 

After hearing this I was upset and confused as I had paid £90 for a contract that was never renewed, and my contract has been lost? The man then stated they can try knock off the £90 for the new fee, however surely if I’m in a rolling contract I shouldn’t have to pay a fee. 

My question is, what are my rights? Do I have to pay a renewal fee as I’m only in a rolling contract and what should I do regarding the missing documents? Miller countrywide have massively let me down and I feel unsure how to move forward. 

D_M_E

If you are currently on a rolling contract then why can you not stay on it for free?

Do you want a new 12 month contract or are you happy as you are?

What does the landlord say - have you asked?

Is the landlord happy with you as a tenant - looking after the property, paying rent on time, etc etc?

greatcrested

There's not really a problem. Either

1) you had a fixed term contract from April 19 - April 20, although this was mislaid. As presumably it stated a renewal fee of £125, you can choose to renew in April on payment of that fee (fees agreed pre June 2019 can be charged up till June 2020). Or you can choose to move, free, to a periodic, rolling, tenancy in April.

2) your tenancy has been periodc, rolling, since April 19. In which case no action is needed and it can simply continue.

As for the missing documents, I seriously doubt there is any personal information in them that need concern you: Name? Address? Monthly rent? Anything else?

misscparmz

I don’t have any communication with the landlord as Miller won’t provide me that information. I also believe they live in France, therefore I believe the landlord has asked another 12 month tenancy agreement. 

For me personally I am happy to renew the contract however it’s theagencynfees which is my biggest dispute.  

greatcrested

Well your choices are as explained. Up to you!

Have you written and asked for the LL's actual address? it's your right.

Landlord & Tenant Act 1985 section 1