Landlord trouble

[Claretmatt4]

Hi all, thought I'd reach out on here for some advice.

I've been renting an apartment in Manchester for 12 months with a colleague. We want to stay on (ideally on a 1 month rolling contract) but they have set us an email saying if we want to stay we have to pay a £120 administration fee. Is this right? Am I within my rights to decline to pay it?

The contract won't change, I can't see what the £120 will be spent on?

Aside from this, the 'service' we have received from them as a letting agent has been abysmal. Numerous issues have cropped up and they never reply to emails or give us updates on progress. Basic customer service needs haven't been matched.

Has anyone been in a similar situation? What would you recommend?

[FactualFrank]

No new contract is actually being agreed. It's your current one that's expired, so the rolling monthly is a default one.

There's no administration fee for that. If you want to sign another 12 month contract then it's no more than a £30 fee. They're taking the p1ss.

[ClaretDiver]

I agree with FF, I renewed my 6 month contract recently and it cost me £25...if I wanted to roll it monthly then no fee BUT it would have given the landlord the oppo to give me just a month notice...

[ClaretDiver]

I am lucky though as my agents are brilliant, as is my landlord. Anything that has needed doing has been sorted asap.....

[Jakubclaret]

No new contract is actually being agreed. It's your current one that's expired, so the rolling monthly is a default one.

There's no administration fee for that. If you want to sign another 12 month contract then it's no more than a £30 fee. They're taking the p1ss.

If it's furnished at the landlords expensive rolling or no rolling I'd want more than £30 sod somebody upping sticks & taking stuff not implying the OP would, that's what bond & deposit are there for to mitigate that risk.

[FactualFrank]

If it's furnished at the landlords expensive rolling or no rolling I'd want more than £30 sod somebody upping sticks & taking stuff not implying the OP would, that's what bond & deposit are there for to mitigate that risk.

As far as I'm aware, the OP has already paid the bond as he's lived there for a while.

They are charging him £120 to basically carry things on, which isn't right.

[Myk]

Sounds like Countrywide. Charged me £125 to carry on living at my old apartment after 12 months as I was on a 12 month tenancy. Also tried upping my rent to £425 from £400 which I managed to get back down to £400 in the end.

[Jakubclaret]

As far as I'm aware, the OP has already paid the bond as he's lived there for a while.

They are charging him £120 to basically carry things on, which isn't right.

Has he??? Or is this another word for a bond! If he clarifys he has in addition paid a bond I would agree with you that it's a fast move.

[FactualFrank]

Has he??? Or is this another word for a bond! If he clarifys he has in addition paid a bond I would agree with you that it's a fast move.

The bond is paid right at the beginning when he moves in. He just wants to stay there longer. The bond gets paid back when he moves out, so it doesn't come into it. They're charging him to stay there longer.

[UpTheBeehole]

The only fee applicable should be a fair admin fee of around £30. As you're essentially going on to a rolling contract, it could be argued that even this admin fee isn't necessary.

[Jakubclaret]

The bond is paid right at the beginning when he moves in. He just wants to stay there longer. The bond gets paid back when he moves out, so it doesn't come into it. They're charging him to stay there longer.

Not always depends on the landlord & subject to individual terms ect, usually normally it's paid straightaway, like I said clarification is 100%

[FactualFrank]

Not always depends on the landlord & subject to individual terms ect, usually normally it's paid straightaway, like I said clarification is 100%

The OP never mentioned Bond, so I doubt that's coming into play here. It just seems to me the the landlord/letting agency are being greedy. I bet if he mentions a solicitor, the £120 will drop rapidly.

[hampsteadclaret]

post 7.. I would have thought that an annual rent rise for inflation was reasonable.. £25 is fair surely?

[Jakubclaret]

The OP never mentioned Bond, so I doubt that's coming into play here. It just seems to me the the landlord/letting agency are being greedy. I bet if he mentions a solicitor, the £120 will drop rapidly.

Or eviction

[FactualFrank]

Or eviction

But that means having to get new tenants. A long new agreement makes more sense.

[pureclaret]

My son has just got an apartment in Salford Quays his is 12 month contract with fixed payment per month at the end of the 12 months he can renew again for another 12 months at the same rate as this plus inflation based on previous 3 months average. If he does renew thw cost will be £120 admin fee as they do all the checks again. but unless he breaks the terms he can not have any increases for the 12 months and he can not be asked to leave.
He had been in an apartment with 3 other guys previous and that was a 12 month one with option to stay after 12 months no fee but 3 months notice by either party. 3 months after the 12 month period they got notice that the apartment had been sold and they would need to leave after 3 months, the letting agent said if they took up another property within that period they would not charge any admin fee, but they could not find what hey wanted.
His sister has just taken out another mortgage deal with the same company and had to pay an admin fee and all checks done as when she took out first mortgage.
Whilst not exactly the same I think it is common practice for company's to have admin fees added to transaction. I guess the ''devil is in the detail''

[piston broke]

Slightly off thread.
I read the government are bringing in minimum of three year tenancies.
Not sure how this will work as not everyone wants a three year tenancy.
affects the daughter as she is looking to rent hers and go abroad but only wants to try one year, to see how it goes.

[FactualFrank]

Common practice for new contract fees to be added, but it's nowhere near £120. In fact, it costs pennies, but the cost is more for the employer to drive out to the residence to get the papers signed. So it's more to pay for that. £120? All they've done is randomly multiply £30 by 4.

[aggi]

It's the letting agents inserting themselves into the agreement trying to make sure that they get something if you are there beyond a year (and thus not getting their commission for placing a new tenant).

If you know the landlord you can offer to sign an agreement directly with them, cutting out the letting agent (there may be something in his contract with the agency that stops this). You can tell the agent to go swivel and tell the landlord that it is going to cost them considerably more than £120 if you leave and he has to go through the hassle of getting new tenants.

Or, you may find that you agreed to this in the original contract in which case you're a little scuppered unless you still want to make an issue out of it.

A ban on this kind of thing is due at some point (it was announced about 18 months ago but progress has been slow).

[FactualFrank]

The letting agency receive a monthly commission. That's part of what the tenant pays. I wouldn't advise signing an agreement directly with the landlord. You have a lot more insurance going with a letting agency.

[DCWat]

Slightly off thread.
I read the government are bringing in minimum of three year tenancies.
Not sure how this will work as not everyone wants a three year tenancy.
affects the daughter as she is looking to rent hers and go abroad but only wants to try one year, to see how it goes.

I can sort of see some logic in that but there will surely be far too many who this just wouldn’t work for, on both sides.

[aggi]

The letting agency receive a monthly commission. That's part of what the tenant pays. I wouldn't advise signing an agreement directly with the landlord. You have a lot more insurance going with a letting agency.

Not really, you're signing the same agreement and have the same tenancy rights regardless.

It may be that a letting agency will be more reactive as it is their business but that is very much down to the individual letting agency or landlord. Personally I've dealt with more poor letting agencies than landlords.

[Millertime v1.7]

Rumps let out his Mrs' old flat and whenever anyone moved out he tried to hold onto their deposit by saying furniture was missing. He was a rogue landlord. One of the many who tarnished the good name of landlords who do things properly.
And he also used to go into the properties when the tenants were out at work for sex sessions with his dwarf mistress.

[FactualFrank]

Not really, you're signing the same agreement and have the same tenancy rights regardless.

It may be that a letting agency will be more reactive as it is their business but that is very much down to the individual letting agency or landlord. Personally I've dealt with more poor letting agencies than landlords.

You'd be disputing something with a company rather than an individual. Sure, it's the same agreement, but getting something done is much more likely if you rent through an agency.

I would never recommend somebody rented directly with somebody unless of course it was a friend or family member.

[FactualFrank]

Not really, you're signing the same agreement and have the same tenancy rights regardless.

It may be that a letting agency will be more reactive as it is their business but that is very much down to the individual letting agency or landlord. Personally I've dealt with more poor letting agencies than landlords.

You'd be disputing something with a company rather than an individual. Sure, it's the same agreement, but getting something done is much more likely if you rent through an agency.

I would never recommend somebody rented directly with somebody unless of course it was a friend or family member. Myself and a colleague are putting a couple of flats up for rent in Leeds and we'll be letting an agency deal with it.

[aggi]

I'm less convinced, as I say I've dealt with more poor letting agencies than landlords

Also, even when it's all going through the letting agency there's a reasonable chance that it will turn out that the landlord is actually the one responsible for repairs, etc (the letting agency is just collecting the money and that's where its responsibility ends).

[FactualFrank]

Yes, for any repairs, the letting agency contacts the landlord. The letting agency isn't just collecting the money, they're basically running everything. It's the landlord that is just collecting the rent. It works better for both the landlord and the tennant. The horror stories you see on the tele is when a tenant has gone directly with a landlord.

[Burnley Ace]

Slightly off thread.
I read the government are bringing in minimum of three year tenancies.
Not sure how this will work as not everyone wants a three year tenancy.
affects the daughter as she is looking to rent hers and go abroad but only wants to try one year, to see how it goes.

It's a consultation paper not a proposal and, if it's introduced, there will be some sort of break clause.

[bfcjg]

https://www.gov.uk/government/news/gove ... agent-fees" onclick="window.open(this.href);return false;

[iw1961]

At the end of the fixed term tenancy then the tenancy becomes what is called a statutory periodic tenancy. This means that the terms within the original fixed term tenancy carry on until either the landlord or tenant give notice to bring the statutory periodic tenancy to an end. This is governed principally by the Housing Act 1988 as amended.
The agent cannot demand you pay extra unless you want to negotiate a further tenancy.

Bearing in mind it will take some time to obtain a possession order by the agent ( bear in mind that it must be the landlord not the agent that brings the proceedings, as the agent does not hold the interest in the land).

There are many tenants who have been in properties for many years having only ever signed one agreement. Nothing to worry about. Oh and if the agents have been difficult in carrying out repairs the threat of a counter claim is usually sufficient to back them down.

Too many sharp suited and pressed knicker wearing estate agents who haven't got a clue.

If you do want more advice ask the mods for my email address and get in touch.

[deanothedino]

I would never recommend somebody rented directly with somebody unless of course it was a friend or family member.

Whereas that is the time I'd definitely recommend not renting as it becomes awkward when you are unhappy with something and they don't want to shell out.

[Hipper]

1. Contact the Citizen's Advice Bureau regarding admin fees.

2. If you can contact your landlord direct, tell him about the 'abysmal service'. He's paying the letting agents to manage the property on his behalf.

[Claretmatt4]

Lots of good advice on here as expected. Thank you fellow clarets!

To clarify, we paid a month's rent up front and a deposit which was circa 6 weeks rent.

I am going in to see them this week, I think it's just a charge they will try and get away with, but hopefully they back down once challenged. I'll see what they say.

I may take the posters contact email after that meeting but let's see how it goes.

Good news is its not too much hassle to move out for me really, so it's an option open to me if they persist. Would be harder for them to find a new tenant then keep me on surely.

[Claretmatt4]

Update on this!

So I queried the excessive fee and they stated it was 'to protect my deposit' and also 'to enable you to sign the contract over email'

Since then they haven't mentioned any charges.

Also I have managed to get it as a rolling monthly contract.

Genuinely just being chances hoping I'd just pay up with no fuss. What a joke!

Thanks folks, if anything else comes of this I'll raise it. Hopefully it may make others bolder when being bullied by landlords and letting agents!

[FactualFrank]

Genuinely just being chances hoping I'd just pay up with no fuss. What a joke!

Yep. Knew it! Glad we could help.

[Jakubclaret]

Glad you got it sorted & not listened to my advice, sometimes you have to admit somebody else knows more & have experienced the same kind of problem or even indeed more knowledgeable about the subject, going back factualfrank was bang on the money.

[Claretmatt4]

Next joke.

Queried getting a new person added on to the tenancy. Been quoted £250 + VAT fee.

Yeah no thanks...