Unfair Lettings agency fee for tennacy running onto periodic Help!

[Caro7]

Hi , l'm someone can help me with my dispute with
Lettings agent. My present tennant was found on a lettings only basis
By the lettings agent. Her year was up in November and she moves on a periodic tennancy so no new tennancy agreement was drawn up and there was no increase in rent. I have recieved a bill for 2% of the years rent in advance. I have challenged this with the letting agent as an unfair charge as no work has been done on my behalf. They have responded by sending me a claim form from the county court for an unpaid bill. They say they have every right to claim this as its in their terms and conditions which i signed in 2011 for my first tennant. I want to cancel my contract with the agent. Can i do this as it has no cancellation/termination policy in the T&C's. where do I stand on not paying this bill and cancelling my contract with them and using another and keeping the same tennant?
There was a break in tennants of around a month so would the T&C's not have to resigned when a new tennant was found?
The same thing happened with the previous tennant. I challenged
The charge as unfair and they waived the invoice but will not do it this time.
Thank you

[jpkeates]

The agreement you have with your agent is separate to the agreements with the tenants, and the terms of it are whatever you agreed to when you signed up to it.

It may be an unfair term, but you can't unilaterally decide that it is and not pay it. You'd have to go to court to establish that, which it sounds as if the agent is heading for.

If the court thinks you were entering the contract as a consumer and that the term is unfair they may decide not to enforce the debt. If they decide that you entered into the contract knowingly and are now simply trying to avoid something you agreed to, they won't (and will also possibly awards costs against you).

There must be a way to end the agreement though, endless contracts aren't possible. There might be a fee to end it, though.

The agent will argue that even if there's no work involved (and there may be if they hold the deposit) the fee is part of their business model, where the income they rely on to stay in business and make profit depends on these repeat fees, and they take a risk and lose out if the tenancy ends after a short term.

[Caro7]

Thank you for your input. I am going to defend it and see what happens. How can they charge me a years commission in advance when they have no idea how long it will run? There is nothing in the T&C's about a refund if the tennant leaves in a month. One of the agents lied to me on the phone about my previous tennant and when I corrected her she said she did not want to do business with me or hold the deposit. I said thats fine then your invoice is invalid as you have cancelled the contract then I got a email saying they were taking me to small claims. They may get their money but they will not get my flat to rent out next time (3 tennants found in total by them) so they lose in the long run and they are a very small agency.