Letting agency insists on upfront 6 month renewal payment as I am self-employed

_Penny_Dreadful

apvit said:

Thank you propertyrental. Wow I did not know that when the fixed term ends I can simply vacate and there's no need for notice.

£10 says the letting agent doesn’t know that either. 

The landlord is about to lose a perfectly good tenant because of the letting agent’s shenanigans. There’s no need to continually issue fixed term contracts or to keep referencing tenants once they’re in. It’s certainly not something I’ve ever done. Referencing only tells part of the story as you never really know how good a tenant is until they start living in the property and you’re landlord should know that by now. 

ArbitraryRandom

_Penny_Dreadful said:

ArbitraryRandom said:

_Penny_Dreadful said:

Geez Louise, what a silly contract. In the OP’s shoes I would stop contacting the mouth breather letting agent, let the tenancy become periodic and just pay monthly. Then, if a section 8 is issued and it goes to court which I doubt it will, I’d plead ignorance over the confusing contract. 

I would suggest that depends on if the OP has been discussing this with the agent in writing. Best bet might be to look for an alternative property and plan to move at the 6 month mark during the initial term. 

I don’t see what difference a few emails would make. I’d expect the court to go off the contract not some emails and the contract says it will continue as a monthly contractual periodic tenancy. It just so happens that contradicts another clause in the agreement but I’d expect the court to find it reasonable that the tenant thinks there’s a monthly contractual periodic in place once the fixed term ends. 

I agree the contract is confusing, but if the OP has proactively contacted the agent to clarify the confusing contract, and the agents did clarify - in writing, in plain language - then the OP might claim that it's an unfair or unenforceable term, but would be pushing it a bit (IMO) to claim they were still confused. 

If nothing else, tenancy contracts can be amended verbally or in writing (including emails and text messages) with the consent of both parties at any point during the tenancy unless the original contract says otherwise, so depending on what the agent wrote and how the OP responded then those 'few emails' could be very relevant to how a court interprets the agreement. 

_Penny_Dreadful

ArbitraryRandom said:

_Penny_Dreadful said:

ArbitraryRandom said:

_Penny_Dreadful said:

Geez Louise, what a silly contract. In the OP’s shoes I would stop contacting the mouth breather letting agent, let the tenancy become periodic and just pay monthly. Then, if a section 8 is issued and it goes to court which I doubt it will, I’d plead ignorance over the confusing contract. 

I would suggest that depends on if the OP has been discussing this with the agent in writing. Best bet might be to look for an alternative property and plan to move at the 6 month mark during the initial term. 

I don’t see what difference a few emails would make. I’d expect the court to go off the contract not some emails and the contract says it will continue as a monthly contractual periodic tenancy. It just so happens that contradicts another clause in the agreement but I’d expect the court to find it reasonable that the tenant thinks there’s a monthly contractual periodic in place once the fixed term ends. 

I agree the contract is confusing, but if the OP has proactively contacted the agent to clarify the confusing contract, and the agents did clarify - in writing, in plain language - then the OP might claim that it's an unfair or unenforceable term, but would be pushing it a bit (IMO) to claim they were still confused. 

If nothing else, tenancy contracts can be amended verbally or in writing (including emails and text messages) with the consent of both parties at any point during the tenancy unless the original contract says otherwise, so depending on what the agent wrote and how the OP responded then those 'few emails' could be very relevant to how a court interprets the agreement. 

Tenancy agreements cannot be changed unilaterally.  The OP does not need to accept the letting agent's interpretation of their poorly worded agreement.

ArbitraryRandom

_Penny_Dreadful said:

ArbitraryRandom said:

_Penny_Dreadful said:

ArbitraryRandom said:

_Penny_Dreadful said:

Geez Louise, what a silly contract. In the OP’s shoes I would stop contacting the mouth breather letting agent, let the tenancy become periodic and just pay monthly. Then, if a section 8 is issued and it goes to court which I doubt it will, I’d plead ignorance over the confusing contract. 

I would suggest that depends on if the OP has been discussing this with the agent in writing. Best bet might be to look for an alternative property and plan to move at the 6 month mark during the initial term. 

I don’t see what difference a few emails would make. I’d expect the court to go off the contract not some emails and the contract says it will continue as a monthly contractual periodic tenancy. It just so happens that contradicts another clause in the agreement but I’d expect the court to find it reasonable that the tenant thinks there’s a monthly contractual periodic in place once the fixed term ends. 

I agree the contract is confusing, but if the OP has proactively contacted the agent to clarify the confusing contract, and the agents did clarify - in writing, in plain language - then the OP might claim that it's an unfair or unenforceable term, but would be pushing it a bit (IMO) to claim they were still confused. 

If nothing else, tenancy contracts can be amended verbally or in writing (including emails and text messages) with the consent of both parties at any point during the tenancy unless the original contract says otherwise, so depending on what the agent wrote and how the OP responded then those 'few emails' could be very relevant to how a court interprets the agreement. 

Tenancy agreements cannot be changed unilaterally.  The OP does not need to accept the letting agent's interpretation of their poorly worded agreement.

I agree... which would be why the wording of the OP's response to those emails would be relevant (hence me originally saying 'it depends'). 

TripleH

Despite being 'professionals' letting agents get it wrong all the time.

I had a contract for a month with a month's notice (idiot agents didn't put the fixed term period in the contract), they then chased me to sign a new 12 month contract after 2 months, contacting us every other day. When I contacted the landlord they knew nothing about this.

Despite only my wife viewing the property, it took ages for them to agree for her to be a permitted occupier (tenancy was in my name), the agents then claimed we caused preexisting damage and wanted to charge an amount very similar to an administration fee plus VAT for it, but weren't through the dispute resolution service and won.

Don't take it as fact the agents know or follow correct procedures especiallyif they can sneak cheeky fees left right and centre.

apvit

I have the outcome now which I want to share. Thanks a lot to everyone for clarifying things to me and your advice which was extremely useful. I decided to write to the lettings agency and asked to clarify the contract details, pointing to the controversies in the contract which you have helped me to realise, and the agency confirmed they are happy with monthly rolling from now on and they do not want the 6 months upfront pay anymore. I am pleased with this and appreciate everyone's help, particularly yours, propertyrental, thank you so much!