Problem Getting Renewal Fees |
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cornelius
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Joined: 23 April 2007 Location: Middlesex Online Status: Offline Posts: 13 |
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Topic: Problem Getting Renewal FeesPosted: 24 July 2010 at 11:58am |
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Please help. the landlord clearly does not want to pay renewal commission although the renewal terms was clearly written and confirmed at the outset. It is the second year the renewal date is now passed and I cannot get the landlords to contact me despite letters and phone messages. It seems that the tenant has been advised by them not to talk to us.
Is there any point in preparing a new agreement regardless as we do not know whether
the landlord and tenant have between them agreed eg a higher rent or other changes in the terms.
What would your advice be please? We gave a very good service. Rather stuck here.
Regards
Alan
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Richlist
The 2,000 Posts Club
Joined: 01 January 2007 Location: UK/Spain/France Online Status: Offline Posts: 3332 |
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Posted: 24 July 2010 at 12:30pm |
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You presumably have a contract between yourselves and the landlord that clearly indicates what fees are payable.
If you feel you are owed money and that the contract terms support that claim then you must resort to legal action to recover it.
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Comments assume you're in England/Wales, pay under £2083 monthly rent and that your last AST was dated after 6/4/2007. Probably the best landlord in the world - well if its good enough for Carlsberg.
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Grampa
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Joined: 28 August 2008 Location: England Online Status: Offline Posts: 1348 |
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Posted: 24 July 2010 at 2:58pm |
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If you are a agent you should have signed T&C's with the L/L and tenant. We just deduct the fee from the rental income and it works well. Now getting the renewal fee from the tenant now that a differant story.
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The advice I give should not be construed as a definitive answer, and is without liability.
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cornelius
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Joined: 23 April 2007 Location: Middlesex Online Status: Offline Posts: 13 |
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Posted: 27 July 2010 at 10:04am |
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Thanks for your replies, I am wondering if I should send a "draft" agreement to the owner and tenant to try and get a dialogue going. What do you think.
Best
Alan
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Richlist
The 2,000 Posts Club
Joined: 01 January 2007 Location: UK/Spain/France Online Status: Offline Posts: 3332 |
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Posted: 27 July 2010 at 10:17am |
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What do you think.
I think this :
* You have provided very little information.
* You've been given good advice.
* You seem to want to ignore that advice.
Good luck.
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Comments assume you're in England/Wales, pay under £2083 monthly rent and that your last AST was dated after 6/4/2007. Probably the best landlord in the world - well if its good enough for Carlsberg.
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cornelius
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Joined: 23 April 2007 Location: Middlesex Online Status: Offline Posts: 13 |
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Posted: 28 July 2010 at 10:47am |
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Dear Richlist
Thank you for your comment, I have not ignored advice, and will be taking legal action. I am merely using the forum to get peoples comments and advice. I feel that I have give enough information as the matter is a fairly simple one
I am grateful for everyone who helps.
Alan
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Richlist
The 2,000 Posts Club
Joined: 01 January 2007 Location: UK/Spain/France Online Status: Offline Posts: 3332 |
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Posted: 28 July 2010 at 11:05am |
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Dear Alan,
We have no idea what your contract with the landlord includes.
Lets suppose that the landlord &/or tenant have decided that they don't want another fixed term tenancy agreement but instead want a periodic tenancy. Then there is no point in you trying to initiate 'dialogue' between the parties. There is also, presumably, no requirement of them to inform you of their decision.
As they haven't contacted you I think you can safely assume that is the case.
Now I have no idea wether your contract allows you to charge the landlords for that situation or wether if it does, it would be considered unfair under the terms and conditions rules.
As a landlord, if I found myself in the situation where the letting agent didn't need to do anything because the tenancy was now periodic AND wanted to charge me......I wouldn't pay. I'd be happy to let the courts decide wether a fee was apppropriate.
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Comments assume you're in England/Wales, pay under £2083 monthly rent and that your last AST was dated after 6/4/2007. Probably the best landlord in the world - well if its good enough for Carlsberg.
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Grampa
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Joined: 28 August 2008 Location: England Online Status: Offline Posts: 1348 |
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Posted: 28 July 2010 at 6:31pm |
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Do you have any T&C,s with the landlord and tenant? It wont be easy to get them to sign one if you are already acting for them and they wont sign if they dont like whats in it.
As stated earlier we have signed t&c,s fromboth parties. One that the L/L agrees to to pay £45 for re-protecting the deposit this is to help pay for the extra costs of being a member of the TDS Scheme and Nals which isnt cheap and yes we do make a profit on it because of the amount of rentals we do but didnt at one time. We also charge the tenant the same for renewing the contact every 6 months. All these fee are up front before the tenancy starts.
If the L/L or T wants a periodic tenancy or 12 month tenancy the price is the same or no charge. I dont like it if that happens but wont lose any sleep over it.
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The advice I give should not be construed as a definitive answer, and is without liability.
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cornelius
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Joined: 23 April 2007 Location: Middlesex Online Status: Offline Posts: 13 |
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Posted: 17 August 2010 at 11:22am |
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Thanks everyone, I did not get the landlord to sign anything as I simply confirm clearly in writing. I am now taking legal advice.
Regards
Alan
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Richlist
The 2,000 Posts Club
Joined: 01 January 2007 Location: UK/Spain/France Online Status: Offline Posts: 3332 |
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Posted: 17 August 2010 at 11:48am |
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Good luck Alan.
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Comments assume you're in England/Wales, pay under £2083 monthly rent and that your last AST was dated after 6/4/2007. Probably the best landlord in the world - well if its good enough for Carlsberg.
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