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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To not want to pay to renew my tenancy?

75 replies

ChaosLtd · 03/10/2015 22:06

Been in current rental for 18 months. First 6 months normal AST then rolled on because I refused to pay £150 for them to issue another tenancy agreement.

Owner is currently trying to sell to 'investors only' meaning that we will get a new landlord but I am aware that if she can't find an investor quick enough she will put in on the open market. So currently having to deal with viewings which is already quite stressful. Selling agent is a different agent to the agency dealing with the letting.

Got an email from agent yesterday (with no prior discussion) saying that the landlord is kindly giving us another 6 month tenancy with the rent being increased by £100 a month and we have to pay £75 (bargain!) for them to process it which is basically them emailing it to me, me signing and then posting it back to them.

AIBU to tell them to get stuffed? Although I can't really as we will find it very difficult to move what with having to raise the cash for another deposit and rentals having gone up around £200/300 a month in the time we have been here.

Aaarrggghhh. This is the 3rd time this has happened to us. 1st time landlord put house the market after 4 months of us being there so had to leave after 6 months, 2nd time house put on market after 18 months. I just want to bloody scream!!

OP posts:
NotMeNotYouNotAnyone · 03/10/2015 22:23

I feel your pain. The feeling of helpless rage because you don't want to make a shit situation even worse.

If rentals locally have increased significantly then it seems you'll have to suck up the increase. Try and look at it as you're sitting tenants paying market rate, if another investor buys it then it's advantageous to them to keep you as tenants whereas if you were paying significantly less than market rate they'd want you gone and new tenants in to pay higher rent. Not sure that helps you much now though.

Can you ask them to explain what the charge covers? (And politely point out that it seems very high considering theyre not having to get references for you as if you were new tenants. )

My previous landlord offered free contract renewals (I believe possibly even if you moved to one of their other properties). They wanted to keep good tenants on their books, it's cheaper than marketing the property and referencing new tenants etc.

ChaosLtd · 03/10/2015 22:28

Thank you NotMe. I fear the letting agent will want paying as they are aware that they will soon be losing this property from their books, as the selling agent will be taking over the letting of it, but worth a try!

Really a bit of the pisstake of the owner that she knows we are having our privacy invaded by allowing viewings but wants to increase the rent whilst we are doing so!

OP posts:
Mistigri · 03/10/2015 22:31

Surely the cost of drawing up a new contract should be payable by tbe agency's client - which is the landlord, not you?

Mistigri · 03/10/2015 22:32

And if someone did that to me I'd be certain not to do any housework ahead of the viewings.

bloodyteenagers · 03/10/2015 22:33

You know you don't have to allow viewings?
You could use the viewings at your advantage to get a deal that works for you including no fee for the renewal.

RickRoll · 03/10/2015 22:38

You are under no obligation to pay the £75.

mileend2bermondsey · 03/10/2015 22:44

OP I would refuse the rent increase. How likely is it that the LL is going to find another tenant who is willing to pay the increased rent and be in and out within 6 months? This will be a load of hassle and time for her to find such a tenant so she may just say forget it.

mileend2bermondsey · 03/10/2015 22:45

Also: if you refuse the rent increase and LL agrees then you can continue on the rolling tenancy and won't have to pay the renewal fee either to the agency either.

fredfredgeorgejnrsnr · 03/10/2015 22:50

If it's already rolled over after the initial, you'd be insane to sign anything new that cost you. Or to agree a rent increase and give up the protection of the periodic tenancy (only one increase per year) It may be worth using negotiation power to do it.

If the landlord is that short of cash that they cannot take the void by selling it on the open market after getting you to leave, then they must be really desperate and you're probably in a very strong position.

AyeAmarok · 03/10/2015 22:52

Can you say that you won't be allowing any more viewings, or use it as a bargaining chip?

pigsDOfly · 03/10/2015 22:55

Hang on. That's not right surely.

I've just paid a large sum to my Landlords' Agent because the rental contract on my property has been renew for another year - I'm the LL.

I pay this - a percentage of the rent - whether it's the same tenant renewing or they're finding me a new tenant.

The tenant doesn't pay a penny.

In your place OP I'd want to know what the hell that £75 is supposed to be for as I'm pretty sure the agent will be charging the LL to draw up the new contract, and it'll be a hell of a lot more than £75.

Does the agent expect to be paid twice? Sounds extremely odd to me.

ChaosLtd · 03/10/2015 22:57

Thanks for the replies.

Thinking about it further I am wondering if the landlord wants a new tenancy so she can sell it to an investor landlord that a very good if I say so myself tenant will be there for 6 months and with a higher rent.

Why the hell should I shell out more for her benefit! She has not made any of the (albeit minor) repairs that I have reported while I have been here. Cheeky fucker Angry.

OP posts:
lighteningirl · 03/10/2015 23:02

As a 'll I really object to these charges when I rented in the 80's you had six month year or five year tenancies how and why did this change to six months? The only people to benefit are the letting agents I always tell our tenants we are in it for the long haul, no intention of selling feel free to go onto rolling please don't pay fees.if I did ever sell (highly unlikely) I would give six months notice and not market til property was empty you really shouldn't have to let people into your home for viewings. We always hold a six month float so we won't be broken by an empty property (had a tenant a few years ago did so much damage we actually made a loss ).

mileend2bermondsey · 03/10/2015 23:03

can you say that you won't be allowing any more viewing
Tenant cannot flatly refuse viewings. It will be in the TA to allow them HOWEVER it is usually only during the last two months of the tenancy; OP check this. And it must allow the tenant their right to peacefull enjoyment.

or use it as a bargaining chip
You can do this, but obviously can't explicitly tell them you are doing it.Tenant is in their rights to say the only viewings can take place on a Sunday between 9am-10am or something similar. Nothing stopping that.

pigs
It's pretty standard for agents to charge both sides, with the LL taking the bigger hit.

Toughasoldboots · 03/10/2015 23:04

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Toughasoldboots · 03/10/2015 23:06

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mileend2bermondsey · 03/10/2015 23:09

Oh ok yeah you can refuse viewings if you are willing to break the contract you signed and be taken to court. Clearly that is less hassle than holding viewings Hmm

Toughasoldboots · 03/10/2015 23:13

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Hissy · 03/10/2015 23:17

Tenant cannot flatly refuse viewings. It will be in the TA to allow them

WRONG!

A tenant can refuse entry to their home by anyone for any reason.

It doesn't matter what the TA says, quiet enjoyment trumps the right of LL to enter your home.

ChaosLtd · 03/10/2015 23:19

I know I can refuse viewings and the landlord will then probably serve a Section 21. Obviously I don't want to cause hassle to the landlord as financially I think she is struggling (accidentally opened a letter from the mortgage co saying that mortgage payment has bounced) but I also need to consider my family (4 DC) and it is stressful being on tenterhooks expecting a call from the agents to bring viewers.

Although the landlord has also been very sneaky in that I was told she wanted a long let but on the day we moved in, speaking to the previous tenants as they were moving out, they told me that she had put the house up for sale 4 months after they moved in and wanted them to allow viewings so they left after the initial 6 months.

I will not be able to find another house in this position (cul de sac, backing onto woods, 5 mins from DC4 school) for this rent otherwise I would have moved on by now as it is too small. Not to mention having to find another £1200+ for a new deposit as we won't get this one back straight away as they can keep it for a two weeks after we move out (don't expect to lose any, have kept house immaculate).

OP posts:
Toughasoldboots · 03/10/2015 23:20

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Toughasoldboots · 03/10/2015 23:22

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mileend2bermondsey · 03/10/2015 23:23

Yes and I'd love to see who is going to rule that 'quiet enjoyment' means no one can ever enter the property, when you signed a contract allowing it within reason.

ChaosLtd · 03/10/2015 23:26

mileend it does state to allow viewings in last two months of the tenancy in the contract so contractually I don't have to allow them now. Thanks for that, that never clicked with me. No wonder the selling agents are being so fake friendly with me!

OP posts:
Toughasoldboots · 03/10/2015 23:32

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