Closing account with lettings agent: unreasonable documents request

domyue

Hi all, 

First time poster here. Couldn’t find an answer on my specific situation so hope I can find some advice here please. 

I have a flat rented out and the year’s contract ended Jan 2022. It was a lettings only contract and no management/rent collection from the agent side. Now, both tenants and I have decided to terminate the contract and I’ll be using the apartment for personal use. 

The lettings agency has now demanded that in order to close my account with them, I have to provide:
1) copy of the check-out (I haven’t done a checkout for my previous tenants - the property is small and simple).
2) a new tenancy agreement (which I won’t have as it won’t be rented anymore).
3) a void council tax bill (which I can provide if really needed).

They say that without these, I have to pay a renewal fee of weekly rent x 52 weeks x 8%. 

Is this reasonable and normal? They sound so aggressive in their email and I don’t really want to play ball with their demands if they are unreasonable or not required by law. 

Thanks so much everyone 🙂
DY

Slithery

Please quote the relevant parts of your contract with the agency that deal with termination.

canaldumidi

Hard to say without reading your contract with the agent, but it seems unreasonable, in which case ignore/don't pay.

If they beleive they have a case, they can sue.

Post 9: Letting agents: how should a landlord select or sack?

gingercordial

I assume they think you are going to re-rent to the same tenant on the sly in an attempt to avoid their renewal fee?  I can see therefore that *they* might think requesting proof that you've got a different tenant incoming is reasonable.  Of course you can't do that if you're living there yourself, so how do you prove a negative...  



  

theartfullodger

Slithery said:

Please quote the relevant parts of your contract with the agency that deal with termination.

Exactly.....

dimbo61

Just reply to the email by saying your going to move back into your property.
Tell them your having a House warming party and they are invited.

theartfullodger

see..
https://forums.landlordzone.co.uk/forum/residential-letting-questions/1186376-closing-account-with-agent-unreasonable-documents-request

domyue

theartfullodger said:

see..
https://forums.landlordzone.co.uk/forum/residential-letting-questions/1186376-closing-account-with-agent-unreasonable-documents-request

Sorry, didn’t realise I couldn’t post the question elsewhere. I’ll take the other one down if it’s a problem! 

Thanks for responses guys. Let me find that part of the contract and post back 

domyue

With regards to the lettings terms of business - I assume this is as long as the tenancy is active. And the cancellation terms seem to be related to early cancellation. We are not cancelling early. Simply to not continue with a renewal. 

The ’cancellation’ part of the terms and conditions:

“NOTICE OF RIGHT TO CANCEL

You may have the right to cancel this contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 within 14 calendar days from the date upon which it was signed. Notice of Cancellation MUST BE IN WRITING and should be delivered or sent by post to the Cancellations London Residential Services Limited and by email to cancellations@lrsl. Any Notice of Cancellation is deemed served on the day that it is delivered, posted or sent. If you have given us your written agreement to market your property within the cancellation period you may be required to pay our commission fees if we have introduced a tenant to your property prior to your serving a Notice of Cancellation.

NOTICE OF CANCELLATION

If you wish to cancel this contract, you MUST DO SO IN WRITING and you may complete, detach and use this section to do so. Please ensure that it is delivered or sent by post to the address given above, or emailed to cancellations@.”
——————

The section on extensions and renewals is in attached picture.

Thanks again everyone!

FreeBear

domyue said:

theartfullodger said:

see..
https://forums.landlordzone.co.uk/forum/residential-letting-questions/1186376-closing-account-with-agent-unreasonable-documents-request

Sorry, didn’t realise I couldn’t post the question elsewhere. I’ll take the other one down if it’s a problem! 

Thanks for responses guys. Let me find that part of the contract and post back 

One of the responses over on the llz made reference to a Foxton's case. A bit of digging later...

https://www.gov.uk/cma-cases/foxtons-hidden-fees-in-lettings-agreements-with-consumer-landlords

https://www.bailii.org/ew/cases/EWHC/Ch/2009/1681.html

The links are worth a read.

Slithery

You've only posted the sections regarding cancellations, extension or renewals - none of which apply in your case.

Please quote the section(s) that cover termination of the contract.