Renewal fee issues

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    Renewal fee issues

    Hi A Noob Here,

    I have been querying a renewal fee non payment with my letting agent for this year as we were sure we had paid the renewal fee. After querying it we got the below reply from them. My issue here is that they have taken 4 years to highlight this (if it is at all genuine) and we have signed and paid 4 more renwals since then. We don't have any records to cover that period. Does the letting agent have the right to persue this after so long, is their admission of poor financial systems a defence for us and can they offset the "unpaid" fee against this years renewal fee? Is there any other issue I need to be made aware of?

    Thanks very much for your help.



    Good morning,

    Thank you for your email. We can confirm that we have received a payment from you of £60.00 for a renewal fee. However as there was an old renewal fee outstanding due to us not receiving a payment for the renewal of your tenancy back in June 2007 the payment you made of £60.00 has allocated against this outstanding fee.

    This has resulted in a balance still remaining of £58.75. As from the payment made of £60.00 we only had £1.25 to allocate against the lasts renewal for June 2011.

    We would ask if you could check your records regarding payment of the June 2007 fee as we can find no trace of any payment being received. Should you have details of a payment being made for this fee if you can advise the method of payment along with the date the payment was made we will be able to look into this further for you.

    We apologise that this was not highlighted before but since we have moved on to a new software system for our accounts it has highlighted several old outstanding invoices yours being one of them.

    We look forward to hearing from you regarding this as soon as possible.

    Regards,

    #2
    Lots of posts on this subject. Just use the search facility.

    P.S. The letter appears to be full of tosh!
    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
      Their reasons may seem strange, but they do have 6 years to pursue anything you haven't paid.

      I am sure your bank will have the appropriate records.

      Comment


        #4
        Thanks for that.
        We will be checking our nbank records over the next couple of days and if necessary, pay it. It does seem odd that it has only now come to light as they are normally so incredibly sharp about reminding us of the need to pay up immediately.

        Comment


          #5
          I have read through my contract and it clearly states that it is with the Landlord, it names him directly and no where does it mention me having to pay renewal fees. Does this tie in with the "Foxtons" court judgement? Am I liable to pay a £60 per year renewal fee for what is essentially a "press print and post" activity?

          Thanks

          Comment


            #6
            General opinion appears to be that you can ignore it if these charges were not prominently identified on the first page within the core terms.
            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


              #7
              Was OP signing 'new' AST contracts each year or paying a renewal fee for an ongoing SPT?

              Comment


                #8
                First point: If a debtor owes a creditor money on more than one account then if the debtor makes payment to be credited to one account the creditor must (assuming there was no prior agreement allowing a right of set off) allocate the money to the account specified. So, if you were invoiced for the current renewal and sent a cheque in payment it is that invoice you paid.

                Second point: I think you need to say to the agent never mind about me not having paid the invoice, what about you proving the invoice was raised and that you had the right to raise it?

                Comment


                  #9
                  Sorry, need to help me out here OP/SPT no idea I'm afraid.

                  Cheers.

                  Comment


                    #10
                    Originally posted by jestersbro View Post
                    Sorry, need to help me out here OP/SPT no idea
                    OP = original poster (that would be you)
                    SPT = statutory periodic tenancy (ie an indefinite month-to-month agreement)

                    Comment


                      #11
                      Thanks for the help. We have spoken about this to a family friend whose husband is a partner in a large lawfirm and they are looking at it for us. I'll let you know what they think abouty this.

                      Again, thanks for the help.

                      Comment

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