Options at end of first 6 months..

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    Options at end of first 6 months..

    Hi all,

    I would like to know what my options are:

    We have rented now for just over 4 months of our 6 month contract.
    We've had a letter from the agency saying that the landlord would like to offer a further 6 months after our current term 'terminates' as they put it. For a renewal fee of £125.

    Having paid admin fees of over £400 before we moved in (which I think is very high), I don't really want to be paying a fee every 6 months.

    We're happy where we're living, we've never spoken to the landlord as everything goes through the agent.

    Thanks.

    #2
    If you want to find out who your landlord is just write to your agent who must then provide you with this information within 21 days. (S.1 L & T Act 1985) otherwise they are committing a criminal offence; I'm assuming here you don't already know his identity. You can then write to the landlord and ask if it's okay to continue as you are. (I bet he knows diddly-squat about it!)

    Ask the agent too, why they cannot allow the tenancy to become periodic? If they say they are taking their client's instruction then ask to see the evidence. It's usually a wheeze to generate more money from the tenant and is really often unnecessary. If the landlord wants to protect his income for at least 6 months then I can understand this but see what he says.
    The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

    Comment


      #3
      Thanks for the speedy reply.

      The landlord's address is on the tenancy agreement, but because I've never spoken to them, and they use the agent to manage the property, I didn't want to seem impolite writing directly to them...?

      Comment


        #4
        Originally posted by Scarz3 View Post
        The landlord's address is on the tenancy agreement, but because I've never spoken to them, and they use the agent to manage the property, I didn't want to seem impolite writing directly to them...?
        Totally agree with what Paul_f says. There's no reason at all why it's necessary to renew - it generates a nice fee from both you and the landlord - agents rely on both the tenants and the landlord not being sufficiently familiar with the law to realise this. You need to familiarise yourself with the law and confidently ask the agent Paul_F's question. The trouble is you may also have to convince the landlord, if he's being hoodwinked by the agent into believing a new contract is necessary... unfortunately he may be more likely to trust his agent than his tenant

        Comment


          #5
          Why is it 'impolite' to contact your LL occ?
          If you are 'respecting' his property, I would invite him round for a cup of tea and inspection, at LLs convenience. Then you can explain you do not wish to pay LA a renewal fee of £125 but you are happy to sign another 6 month AST or continue the T as a Stat Periodic T.
          Did you pay a deposit? Is it protected in an approved scheme? Have you received the 'reqd Info'?
          At the end of the day you could save LL unnec expense and get him on your side.

          Comment


            #6
            I had exactly the same problem two weeks ago. LA wrote to me that T wanted a new tenancy agreement at the end of a year fixed period. They wanted to charge me £100.00 for their standard tenancy agreement and collecting signature from T. I spoke to LA and told them I would prefer to go into periodic tenancy. But LA said That T wanted the security that he would stay put for another year. There was something not quite convincing to me about LA explanation, and the problem was that they were authorized to sign tenancy agreements on my behalf, so I had to act fast. I had to go and knock on T's door. I could not phone them as I did not even know their mobile number and they never replied the landline number, I had never met them before either. T was quite ignorant about tenancy laws. She told me that LA demanded £100.00 from them as well.

            Luckily T and I clicked on quite well.

            T told LA that she was declining to sign a new AST.

            I would advise you to contact your LL, ASAP. If he agrees with you great, otherwise explain to him you refuse to sign new AST and will go onto periodic. If you pay rent on time LL will not do anything to get you out as that would bring unnecessary expenses to him.

            Comment


              #7
              Perhaps it would be worth enclosing a printout of this thread with your letter to the LL?

              I had the same experience myself when I first started letting property. My first tenant stayed about 2 years I think; the agent charged us both for the initial contract and several renewals; and finally - when the tenant showed reluctance to commit to another 6 months as he knew he would be moving soon, and was on the point of leaving early as a result - the agent miraculously came up with the idea of a month-to-month rolling contract instead; for which, guess what - she charged us both again!

              I have never used an agent since.

              Comment


                #8
                Thanks for all the replies.

                I contacted the landlord and asked whether he would be happy to allow the tenancy to become periodic.

                In his reply he stated that it is not suitable for him to manage the property, which is why he is using the agent to manage the property.

                Am I right in thinking that the agent should still manage the property even though it's on a month-by-month basis, and there's no tenancy agreement?

                Comment


                  #9
                  Originally posted by Scarz3 View Post
                  Thanks for all the replies.

                  I contacted the landlord and asked whether he would be happy to allow the tenancy to become periodic.

                  In his reply he stated that it is not suitable for him to manage the property, which is why he is using the agent to manage the property.

                  Am I right in thinking that the agent should still manage the property even though it's on a month-by-month basis, and there's no tenancy agreement?
                  Yes, but he's just effectively saying he does not want to say anything and leaves it up to his agent to make the best decision for him/her
                  [I]The opinions I give are simply my opinions and interpretations of what I have learnt, in numerous years as a property professional, I would not rely upon them without consulting with a paid advisor and providing them with all the relevant facts[I]

                  Comment


                    #10
                    Originally posted by MrJohnnyB View Post
                    Yes, but he's just effectively saying he does not want to say anything and leaves it up to his agent to make the best decision for him/her
                    Could be that, but I suspect the LL has misunderstood and thinks that by not signing a new contract he would be parting company with the agent - the reality is that he could (and would have to anyway) keep paying the agent the same X% of the monthly rent that he's paying currently.

                    What did the OP actually say to the LL, and did the LL give any indication of understanding the vaguest thing about periodic tenancies?

                    Comment


                      #11
                      Fees for the letting agent doing the work to renew a tenacy is paid by the
                      Landlord, not the tenant.
                      There is nothing for the L.A. to do for the tenant ( prinitng same AST with
                      a different date on, and 10 minutes n a week processing is not £ 125 )

                      L.A. is producing a new contract for the Landlord.

                      Tell them to send their renewal fee to the Landlord, as the landlord is
                      paying them to renew existing tenancies, not you.

                      Comment


                        #12
                        I asked the LL whether he would be happy to let the tenancy roll on to periodic, stating we were happy living there and would stay for a while - therefore keen to avoid renewal costs every 6 or 12 months.

                        He replied saying he understands where I'm coming from in terms of saving money, and then went on to explain why he's hired an agent to manage the property: because he's often out of the country for long periods, lives far away from the property, etc etc...

                        So I agree that the LL has probably misunderstood.
                        What do I reply back to him? And how does periodic tenancy work with no written agreement? Apologies as I'm quite unclear myself.

                        Many thanks.

                        Comment


                          #13
                          Originally posted by ram View Post
                          Fees for the letting agent doing the work to renew a tenacy is paid by the
                          Landlord, not the tenant. Not necessarily, often the cost is shared between the two
                          There is nothing for the L.A. to do for the tenant ( printing same AST with
                          a different date on, and 10 minutes in a week processing is not £ 125 ) Maybe not but the LA won't be doing it for a tenner!

                          L.A. is producing a new contract for the Landlord.

                          Tell them to send their renewal fee to the Landlord, as the landlord is
                          paying them to renew existing tenancies, not you.
                          You can't "tell" them anything if their terms have been explained to the tenant prior to the new tenancy agreement being effective.
                          The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

                          Comment


                            #14
                            Section 5 of the 1988 Housing Act will automatically implement a prriodic tenancy at the end of your fixed term, unless the contrct says differently. Your periodic tenancy will have exactly the same terms / conditions / rights as the preceeding AST with the exception of terms relating to notice - you must give 1 month, the landlord must give two, both to end on the last day of a tenancy period.

                            You can not be 'made' do sign a new contract, and if you don't, the above is what will happen. The agent may threaten eviction, but although they can issue setion 21 notices, it is only the landlord or his solicitors who can apply to the court for possession.

                            Comment


                              #15
                              Thanks for all the help guys.

                              Any ideas of what to write in a reply email to the LL?

                              Comment

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