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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

To refuse to pay this fee?

44 replies

PaperdollCartoon · 18/12/2016 20:59

Our tenancy is up for renewal, we deal directly with our landlady on all issues (she is lovely) but the tenancy is officially through an estate agent.

Our landlady has decided to put the rent up 2% (£30) which is a pain but ultimately fine. We've had the new contracts come through by email, they want us to pay a £120 tenancy renewal fee. As far as I can see the only admin involved in us digitally signing a contract is them receiving and filing said contract. £120 seems hugely unfair, we could find it but it would mean possible problems elsewhere.

Can we get out of paying it? I was thinking of calling our landlady and asking if we could have a contract between us and her cutting out the estate agent instead but I don't know enough to know if that would disadvantage her or us in some way.

Can anyone advise me?

OP posts:

Daisyfrumps · 18/12/2016 22:12

The letting agents setting up and charging for a tenancy renewal is purely speculative business, on their part. They're not 'in charge' of your agreement - she is.

BolivarAtasco · 18/12/2016 22:13

When my previous tenants were in and got hit with a similar charge, I spoke to the agency and told them I wouldn't accept both me and the tenant paying effectively the same fee. We agreed that I would pay one fee and they would not pay a fee. It's worth asking your LL if you have a good relationship with them.

Dizzywizz · 19/12/2016 12:38

Landlady might not be able to do a contract herself, as she likely is in a contract with the agent to stay with them.

Daisyfrumps · 19/12/2016 12:51

I don't think they're tied in when it's purely 'introduction only' basis - the LL manages the tenancy herself.

Dizzywizz · 19/12/2016 20:29

I didn't realise it was intro only, could be a rent collect service only, where the ll does own repairs

Lewwat · 19/12/2016 20:36

I have always just signed the contract and sent it back without paying. I've never been chased for any money! Probably because they know they are completely piss taking. And if they were to insist then I would just not sign the contract and go into a rolling one

Dizzywizz · 20/12/2016 12:38

Lewwat be aware they may try and charge it to your deposit at the end, although of course you have to agree to any deposit deductions, if you disputed it and the fees are in your contract, you could lose the dispute

xStefx · 20/12/2016 12:43

You have the right to refuse and keep it rolling. The old tenancy should say on it that it will roll over after the first 6 - 12 months (however long your tenancy was) and if it doesn't say youll be made to sign a new one then you don't have to.

user1480946351 · 20/12/2016 12:58

Can I just say - there is admin involved in the agency changing the end date though - as someone who deals with this, I wish I could just literally change the date but it is actually quite a lengthy process (or is this just my company?!)

How lengthy can it be? I don't believe you can justify the charges.

SociallyAcceptableCookie · 20/12/2016 13:07

I knew someone once who worked Saturdays at an estate agent. One week her job was to phone all the local agencies to ask what their admin fees were. Her agencies was charging a lot less than the others, so they increased the fee. Because they could. There was no sudden increase in admin burden from doing the work.

These fees are ways to squeeze money from you. I hope you don't have to pay it OP but I have no idea how to manage that.

Dizzywizz · 20/12/2016 19:25

user1480946351
Ok I have added up the time, and its aprx 85 mins per tenancy IF i.e everyone answers the phone and I don't have to keep trying/email, and if they don't sign agreement/pay fee then it's however long to chase that up

ARumWithAView · 20/12/2016 19:34

85 minutes' work for a tenancy renewal, with no clause changes except rent increase, no change of name or status, no additional information?

Could you break that down?

Hope you're not including the arduous effort of requesting payment, preparing an invoice and receiving payment in your justification of these (typically ludicrous) fees.

RenterNomad · 20/12/2016 20:07

If no Section 21 notice was served (2 months before the end of the tenancy), you needn't sign/ pay anything, since the contract will automatically convert to a rolling contract at that point. If the date for notice has passed, the agents (and LL) are too late to serve you with notice to leave at the end of your assured shorthold tenancy.

If you now want the security of a longer tenancy, you can negotiate with the LL.

user1480946351 · 20/12/2016 20:20

Ok I have added up the time, and its aprx 85 mins per tenancy IF i.e everyone answers the phone and I don't have to keep trying/email, and if they don't sign agreement/pay fee then it's however long to chase that up

Like I said, you can't justify the fees charged. An hour and a quarter of an admin persons time....not worth hundreds of pounds to be charged to both LL and tenant, is it?

Dizzywizz · 20/12/2016 21:21

Depends on the agency user, mine doesn't charge hundreds. I'm not aware of any that do, perhaps in London? I am in then south east though. It still does charge more than I personally think should be charged for some admin work (I'm not going to raise that with my bosses though!) but I think something should be paid.

Arumwithaview - no im not going to break it down, but it doesn't include payment as that wouldn't necessarily take up the time of the company. requesting a payment is a line in the paperwork so that is included I suppose in that way. No invoices are prepared.

user1480946351 · 21/12/2016 08:44

It shouldn't be paid by the tenant. It's the landlord that is your client, in my country tenants pay no fees of any kind to agencies, as it should be.

allertse · 21/12/2016 11:15

If it takes you 85 minutes to change the date on a document then you need a better system, not to charge the tenants

Don't pay the fee OP. If you don't do anything the contract will automatically change to a rolling one. If landlord doesnt insists on you going onto a new periodic tenancy agreement then they can pay the fee themselves or serve notice to force your hand.

TooMuchChocOrange · 21/12/2016 11:25

Yanbu.

We were in this exact situation a few years ago.

Renting through Andrews but dealing directly with LL. Andrews sent nus a letter steering we HAD to pay them a renewal fee (no mention of the rolling contract option). We contacted out LL, who had no ice Andrews were charging us as well as them, and LL agreed to waive fee / let the contract rol on on a monthly basis. LL decided never to use Andrews again, we sent them a early, gloating email (because we are mature like that).

Win all around. Thieving estate agent bastards.

TooMuchChocOrange · 21/12/2016 11:27

Jesus, so many typos. Sorry!

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