Agency letting fees after AST ended and S21 served

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    Agency letting fees after AST ended and S21 served

    Does the tenancy become periodic automatically at the end of the tenancy if I served S21 ? I want the tenant out since he stopped paying rent. I was advised that if I hold the tenant liable to pay rent after the end of the tenancy I will have to pay letting fees to the agency even if the tenant does not pay rent. But I think If I don’t sign a new contract with the tenant he will be staying without a new contract and will not be liable to pay me any rent until I evict him. Can someone clarify please what happens to the agency letting fees after S21 at the end of AST.

    #2
    Someone with more knowledge will be along soon I'm sure.... but sounds like letting agent trying this on,,, I "think" by default 1 second after the end of the fixed AST it will become periodic (I don't believe this is impacted by serving the S21 but will be keen to hear from someone with more experience)..... once you get them out you can make a claim later on once the relationship with the agency is over.

    I don't consider an agency expecting you to take the tenant to the court and then pay commision out of any unpaid rent obtained seems fair...

    That's only my personal view I have no legal training so take some advice before acting on anything I say..

    All the best Stew.

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      #3
      I got the following reply from an estate agent. Obviously if I served s21 I want the tenant out. I have told the agent that I want the tenant out. They should inform him ? How does the landlord stop the AST ?
      The Tenant is liable for the rent meaning that he needs to pay rent unless agreed otherwise by you and if you hold the tenant liable the commission is applied. If you agree with the tenant that he will not need to pay the rent beyond the expire of the current agreement than commission will be waived.







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        #4
        Yes, the tenancy becomes periodic when the fixed term ends (either because the agreement says so or because the law says so if the agreement doesn't).
        The tenant is obliged to continue to pay rent and your notice doesn't change that.

        The only effect that your notice has is to request that the tenant moves out.
        If they don't, you have to go to court and request a possession order.

        Currently all possession hearings are suspended and your notice has to be a minimum of three months rather than two.
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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          #5
          So how can a landlord stop an AST ?

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            #6
            Does a periodic agreement need to be signed by the landlord ? I am not going to sign anything. Do I have to pay letting fees to the agency even if I don’t get rent ?

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              #7
              Originally posted by Perce View Post
              So how can a landlord stop an AST ?
              With the agreement of the tenant.
              Or, you serve the tenant valid notice, and, if they don't leave as requested when the notice expires, you take them to court and get a possession order, which is executed by bailiffs.
              Originally posted by Perce View Post
              Does a periodic agreement need to be signed by the landlord ? I am not going to sign anything. Do I have to pay letting fees to the agency even if I don’t get rent ?
              Nothing needs to be signed (or exist in writing), the terms of the current tenancy agreement (other than the notice period if it's created by law) continue as before - including the tenant's liability to pay rent.

              Whether the letting fees are due or not if there is no rent paid will depend on your agreement with the letting agency, there's no general answer to that question.

              When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
              Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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                #8
                have already served S21 and was given a date when the tenant should leave.

                I also want to serve S8 in case S21 won’t work for some reason.
                My tenant has not paid rent for one month and by the end of this month it will be 2 months. If I serve S8 immediately after 2 months of non payment the tenant will be given a different date by which he should leave and that date will be after the date which is on s21 notice because they will be served on different dates. So on which date my tenant will have to move out as stated on s21 or s8 ?

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                  #9
                  Neither s21 not S8 compel a tenant to leave nor end a tenancy. Only court then Bailiffs/HCEO can do that.
                  I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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                    #10
                    As far as I know the two are separate and would be acted upon separately when each notice period expires. Of course the tenant may not know this and think the notice period has changed to the section 8, but you could let them know the S21 notice is still valid in addition to the S8.

                    Also I believe it is still the case where rent paid monthly in advance is 2 months in arrears after 1 month and 1 day.

                    When serving notices at the moment it is worth checking the temporary changes regarding Covid 19 if you haven't already, due to extended notice periods and the earliest dates that apply for court applications etc.

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                      #11
                      I was advised to claim rent arrears through small claims court. I wonder if anybody tried it and how successful it was it ?

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                        #12
                        Has the T ended?

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                          #13
                          No. It is still running for 3 months

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                            #14
                            Been there got the tea shirt. Go for it, I was owed about £530, and went to court and won with the added court costs. I was awarded a payment of £5 per month, which I worked out It would take approximately 21 years to pay off. I appealed, had a hearing in front of a judge, she a waste of time. They did not do any diligence on the tenants monthly expenditure, which was obversely needed. But the tenant has CCJ on their file which will help other landlords etc. in the future. To date the tenant has not missed paying on time.
                            If all landlords would take the bad tenants to court, I feel the whole of the housing industry would benefit.

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                              #15
                              Do I need a solicitor at the court or hearing ! Do the judges check the documents very throughly ?

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