To sign up for the Landlord Law Newsletter (and get a free guide)>> Click Here

Author Archives: Tessa Shepperson

Can agents charge for renewal if the tenants never signed the tenancy agreement?

Rented housesHere is a question to the blog clinic from Sam who is a landlord

Our tenants requested that they stay on for another year after their first year at the property which we agreed to and the letting agents sent out revised contracts which were e signed on our behalf by the company and we paid the renewal fee.

None months later we discovered that the tenants never actually signed the new lease so are on a rolling contract and the agency suggested that we chase them up instead.

Are the agency able to charge us for the £3000 renewal fee if they failed to actually get the lease signed or notify us about it? Are we able to get a refund?

The fees that your letting agent is able to charge will be governed by the terms of your agency agreement so you need to look at this and see what is says.

However if your agency agreement provides for the fee to be paid on renewal of the tenancy and it has not actually been renewed, then I can’t see how they can be entitled to charge the fee.

It is up to the agent to arrange for the new tenancy agreement to be signed and they have clearly not done this.  Its a bit cheeky of them to suggest that you do it!  That is supposed to be their job and they have already been paid for it.

On the other hand the tenants have actually been living at the property and paying rent.  But not under a fixed term tenancy.  They are legally entitled under a periodic tenancy to give one months notice and leave.

This is a case which will probably turn on the precise wording of your agency agreement but my feeling is that you may be entitled to a refund.

What do our letting agent readers think about this?  How do your terms and conditions read on this issue and would you expect or be entitled to be paid in these circumstances?

Solicitor David Smith talks about the Housing Act 1988 #landlordlawlive

David Smith

The Housing Act 1988 is an important act for landlords – I talk to David Smith about issues such as shared properties, increasing rent and section 21 noticesContinue Reading

How can we get the tenants to leave so we can sell the property?

houses

A landlord has had an offer to buy his property – how can he evict the tenants?Continue Reading

Gone fishing

Back later

The blog is now closed down over Easter.  Next post will be Tuesday. Tessa Photo by Rogerio Zgiet

Discrimination against gay couple by building management company

Flats

What can this gay couple do about discrimination by a housing management company who refused to allow them to rent a flat in their blockContinue Reading

When TDS unfairly find for the tenants at adjudication

houses

A landlord submits a claim for cleaning and paying bills left by the tenant which is completely rejected on adjudicationContinue Reading

Are these letting agents liable to the landlord for loss of rent where they are in breach of contract?

Houses

How far are this landlords letting agents liable to the landlord for their breach of their obligations under their agency agreement?Continue Reading



The Landlord Law Blog from Tessa Shepperson

Tessa is an English lawyer specialising in residential landlord and tenant law.


Legal Services

Legal services are provided via Tessa's online service Landlord Law. Some advice services are provided by Tessa, other legal services are provided by specialist housing firm Anthony Gold.


Disclaimer

The purpose of this blog is to provide information, comment and discussion. Although Tessa, or guest bloggers, may from time to time, give helpful comments to readers' questions, these can only be based on the information given by the reader in his or her comment, which may not contain all material facts. Any comments or suggestions provided by Tessa or any guest bloggers should not therefore be relied upon as a substitute for legal advice from a qualified lawyer regarding any actual legal issue or dispute.


Nothing on this website should be construed as legal advice or perceived as creating a solicitor-client relationship (apart from the Fast Track block clinic service - so far as the questioners only are concerned).


Guest bloggers

Please note that any opinion expressed by a guest blogger is his or hers alone, and does not necessarily reflect the views of Tessa Shepperson, or the other writers on this blog.


Other websites from Tessa

Lodger Landlord | School for Landlords | Google+ | Your Law Store | Google | Landlord Law facebook page | Tenancy Agreements Manual | How to Evict Your Tenant website | the Which Tenancy Agreement Guide | Landlords Tips | Tenants Tips