Rolling tenancy - agents want to charge a fee for this?

el_dazza · 15 Jan 2017 at 12:16

I remember reading a thread sometime ago about renewing a tenancy or going.onto a rolling/periodic tenancy and most people seemed to be going onto a rolling tenancy to avoid ridiculous agent fees. Our last landlord agreed to this, and no fees were charged. We moved out 7 months after this was agreed, and moved into a new property which was actually through the same letting agency.

Their T's and C's now state a 12 month renewal is £215+VAT or to go onto a rolling tenancy costs £99+VAT.

Are they allowed to do this? A rolling tenancy requires literally zero work does it not? I've done a bit of looking around and can only really get answers from the landlord's perspective.

ColdAsIce · 15 Jan 2017 at 12:28

Not able to charge for this in Scotland. Unsure if England have brought in similar legislation yet.

Swifty55 · 15 Jan 2017 at 12:29

You will automatically go onto a rolling contract after the fixed-term, if the landlord wishes to do so.

Can't see how the agents can charge for this. I personally wouldn't entertain them on the matter also when it arises...

DarrenM343 · 15 Jan 2017 at 12:35

If it's not in the legislation then they can do it but I'd just fight it myself and if it's an option say you want to leave due to it.

IMO the tenancy fee should be a one off fee when you move in. Any extension to it or moving to a periodic should not incur any fee's on either side (tenant or landlord).

The paperwork to do this is minimal or non-existant - think the original contract usually covers going to a rolling month or it should do anyway. I've rented including recently and am a landlord and have not paid any fee's other than when I moved in and believe that's the case for my tenant too.

£215+ for an annual renewal is taking the **** to be frank

Having said that, is the agent fully managing the property? If not then I guess they have to charge something for getting involved now and again but that should be paid bythe landlord not you - wouldn't be too surprised if they're charging both sides

Puzzled · 15 Jan 2017 at 12:41

Has there been any update on when letting fee's will be banned in England or is it still just "as soon as possible"?

el_dazza · 15 Jan 2017 at 12:42

DarrenM343 said:
£215+ for an annual renewal is taking the **** to be frank

Having said that, is the agent fully managing the property? If not then I guess they have to charge something for getting involved now and again but that should be paid bythe landlord not you - wouldn't be too surprised if they're charging both sides

They do not. Our landlord is a lazy cow as well. Had so many issues she hasn't bothered sorting or even had the decency to reply to us regarding. We have gone to the agent and explained we can't contact her but because it was a 'tenant find' (we went to them to rent it) then they won't do a sodding thing to help.

NoobCannon · 15 Jan 2017 at 13:44

el_dazza said:
They do not. Our landlord is a lazy cow as well. Had so many issues she hasn't bothered sorting or even had the decency to reply to us regarding. We have gone to the agent and explained we can't contact her but because it was a 'tenant find' (we went to them to rent it) then they won't do a sodding thing to help.

Ask for compensation

el_dazza · 15 Jan 2017 at 13:45

NoobCannon said:
Ask for compensation

Our toilet works though :confused:

NoobCannon · 15 Jan 2017 at 13:57

el_dazza said:
Our toilet works though

How about all your light bulbs?

koooowweeee · 15 Jan 2017 at 14:17

el_dazza said:
Our toilet works though

Hehe

McBain · 15 Jan 2017 at 14:22

Letting agent in trying to take the **** shocker.

muon · 15 Jan 2017 at 15:15

el_dazza said:
Their T's and C's now state a 12 month renewal is £215+VAT or to go onto a rolling tenancy costs £99+VAT.

Are they allowed to do this? A rolling tenancy requires literally zero work does it not? I've done a bit of looking around and can only really get answers from the landlord's perspective.

I'd guess they could have such fees even if it requires zero work.

The real question is what they would do about it if you didn't pay. Although they might claim it back from your deposit later.

I'd never agree to that in the first place and get it changed. You don't have to agree to the contract they put in front of you.

£215+VAT for a renewal is a joke. I think all the ones I saw were less than £100 including VAT.

Lima · 15 Jan 2017 at 16:25

Letting agent tried this on with me a few years ago. I kicked up a fuss and got into a massive email row. Basically they wanted a 'renewal fee' and since I wanted to stay another year i thought, ok no problem and paid the renewal fee in the contract. They then emailed me a poorly formatted word document stating 'confirmation of transfer to statuatory periodic tenancy.'

Hooray for now being on the housing ladder.

Diddums · 15 Jan 2017 at 16:31

I've always paid this. Think it's 250 a pop, 7th year running now. Estate agents really are the worst thieving ***** scumbags around. I detest them.

If ever I get the opportunity I'll claim it all back.

Minstadave · 15 Jan 2017 at 16:36

Diddums said:
I've always paid this. Think it's 250 a pop, 7th year running now. Estate agents really are the worst thieving ***** scumbags around. I detest them.

If ever I get the opportunity I'll claim it all back.

Have you never just approached the landlord directly to avoid this BS? That's what I did when renting post uni. Always went onto a rolling contract with tout any fees.

englishpremier · 16 Jan 2017 at 22:14

It's a nonsense. Once your fixed term expires you don't pay anything more unless you want to take out another fixed term (even then it should be a small amount reflecting their costs if anything). If they try to claim something as it was in the contract and you never checked, you could attempt to claim unfair contract terms as it could be argued it goes against the intention of The Housing Act (section 5), and subject to the Unfair Terms in Consumer Contracts Regulations 1999.

You could always write to the landlord. Depending on how the property is managed, they might also be charged by the letting agent for a renewal, which a SPT isn't of course.

Caged · 16 Jan 2017 at 22:22

Yeah and then in retaliation they serve you notice and you need to find a new place to live.

Tom_ed1987 · 16 Jan 2017 at 22:24

I'd just ignore them when they request it. Are they really going to have the landlord agree to serve you with notice over a £99 fee to move onto a periodic?

Treat them with the contempt they deserve.

a1ex2001 · 16 Jan 2017 at 22:41

If only we didn't have a government in place that will do anything it can to prop up make believe industries that just suck the average man dry!

PikeyPriest · 17 Jan 2017 at 07:46

Explain to your landlord that there are template contracts online that are free and can be combined your current contract to make it free to renew and change aspects. That's what we did as tenants and it's saves everyone money. The landlord has n obligation to go through agency and can get rid of them if they want. There is no benefit in them printing out a contract, they aren't lawyers and just send a pre-prepared template (in many cases complete with errors) and references to things that don't exist, like use of attic in a ground floor flat....etc. There is no benefit in paying for this poor service.