Help!!! Can i alter terms on renewal of tenancy agreement

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  • Energise
    replied
    Type up and print off 2 copies of your old agreement, omit that clause and anything else referring to the letting agents, you and landlord sign the agreements, sorted.


    (changing the dates obviously)
    Last edited by Energise; 29-01-2006, 17:44 PM. Reason: Added

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  • attilathelandlord
    replied
    Just don't sign and you will remain on a periodic tenancy which will cost you nothing and then the agency and the landlord will just have to thrash it out between themselves.

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  • catwoman
    replied
    Update!!!

    Have spoken to the landlord on Friday night and he said he is going to take over the property let from the next six months - to sign the new agreement and pay the £100.00 + VAT. So went to the letting agents on Saturday to sign - but in the new agreement it still states that next renewal to pay another £117.50 in six months time. and the woman will not remove it from the new AST. Had a bit of a row and got to go back after she has spoken to the landlord AGAIN!!! But i dont think this term will be removed even then. I am worried about signing it with that stated in there as they really don't do anything to warrent the cost as far as i am concerned.

    Should i get in touch with the trading standards office - will they help at all? I said to the woman at the letting agency that i will be doing that!

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  • choices
    replied
    Greed

    I agree with you ericthelobster. I always state the periodic and the renewal differences, then leave it up to the client, I am not a believer in the hard sell, either someone wants something or they would like to be enlightened on the options, most people do as I suggest as I come acros as 'honest' which of course I AM.................

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  • Ericthelobster
    replied
    Originally posted by choices
    Some of us deserve to be paid our fees. A good agent would not charge for a renewal
    I don't think there's anything fundamentally wrong with an agent charging for a "renewal", if that entails the preparation of a new AST agreement; but what I do object to big time is if the LL and tenant are happy for the existing AST to simply go periodic, which involves the agent in doing absolutely nothing.

    Equally nefarious are those agents who don't even point out that it's perfectly OK for an AST to go periodic, ie, that you MUST have a new AST, or official extension thereof, for the tenancy to continue.

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  • Jennifer_M
    replied
    Well the last letting agent I dealt with had just one office, can't get much smaller. But he still charged me (the tenant) £69 to renew a 6 months tenancy agreement.
    What did he do for that ? Send me the same old photocopy to sign and send back at my cost. Cost to him : less than £1 if you include the cost of paper, copier ink, his time and stamp.
    I don't know what he charged the landlady for it.

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  • choices
    replied
    Agents

    Some of us deserve to be paid our fees. A good agent would not charge for a renewal, I was going to, being new and thought that is what was correct, however, reading this forum I now know that I would get myself a bad rep. I work hard and look after my LL and tenants, as I have said a few times on here, quite a few of us agents are worth our money. Most of us do not charge huge fees, that tends to be done by the bigger agencies, the small agencies seem to have a much better approach to our clients.

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  • attilathelandlord
    replied
    Mine was a tongue-in-cheek response!!!

    Lordy I do love not to pay those agents!

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  • P.Pilcher
    replied
    Well, we might if we had been stupid enough not to read the terms of business of the agent we had appointed and we wanted to keep the tenant!

    P.P.

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  • attilathelandlord
    replied
    Not that any of we decent landlords would ever do anything like that!

    (Ahem!)

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  • P.Pilcher
    replied
    And just to amplify MK Landlord's excellent advice slightly: It is for the landlord to deal with the agent in accordance with his contract with them. If the worst gets to the worst you may find your landlord conniving with you to let the agent think you are leaving the property and then you carry on under a new AST provided directly by your landlord.

    P.P.

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  • attilathelandlord
    replied
    MK Landlord is right. Neither the agent nor the landlord can force you to sign another contract. If they want you to go then they have to serve two months notice on you. I very much doubt that will happen! The Landlord may not know how to deal with the agent but if you stay on a periodic tenancy, then he may have to pay a monthly fee to the agent. But that is his problem, not yours.

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  • catwoman
    replied
    thanks for the advice so far I'm really pleased to get a rapid response

    JUST TO ADD I pay the rent through the letting agency not directly to the landlord, although I have thought that I should approach the landlord and suggest that I do alter the payments directly to him.

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  • MK Landlord
    replied
    Ignore the agents. They are nothing to do with you. You pay the landlord directly yes? And he holds the deposit? So the agent is irrelevant. If you do nothing, the landlord has 3 choices:
    1) start eviction proceedings, which it sounds like he won't as you pay regularly and he wants you to stay
    2) ask you himself to sign a new contract (which you can still refuse, again leaving him with options 1 and 3 !)
    3) Do nothing and let you stay on a 'periodic' tenancy, which runs from month to month indefinately till one or other of you gives notice. No reason really why both you and the LL should not be happy with this.

    As you have no contract with the agent, they cannot ask you for any money.
    Last edited by MK Landlord; 23-01-2006, 16:34 PM. Reason: typos

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  • justaboutsane
    replied
    I went through a similar fiasco a few years ago, the letting agent wanted to charge me £50 to renew the agreement and I said under the law I was not required to sign a new agreement and I would let it run as a periodic tenancy. As a property manager myself I printed info off for my LL and handed it to her, she was happy to follow my lead. The agent then called and said he wanted me to renew it and he would waive the fee.

    I am not too sure in your situation as there is a clause in your AST to say you will sign, maybe one of the more experienced members can validate that I believe this to be an unfair term. Not sure the whys and wherefores but I think it is unfair to tie you in in such a way. You should read through the AST before you sign it.

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