Please Help With Tenancy

[Discontented]

My 6 month tenancy is coming up for renewal at end September 2011. In July the estate agent who manages the property asked if I wanted to enter into a 1 year tenancy which I agreed to and was told how much to pay for the admin fee. I paid the fee in July and the estate agent sent me the letter and receipt for the money, stating that the tenancy documentation will be sent to me.

 

I heard nothing from them so emailed them and they then came back with the second letter dated the same day as the first letter but stating that I will be on a periodic tenancy. They also claim that the second letter is the one they sent me and not the first letter; if thats the case how do I have the first letter.

 

The estate agent has also told me that I will not get the money back that I paid for the admin fee for the one year tenancy as this is to cover their costs. I feel that they have conned me out of money, by telling me to pay an admin fee to get a one year tenancy and then changing their mind. They've taken my money and not delvered what they said they would even though they have given me a leter to say that I will be getting a one year tenancy.

 

Both letters have been signed by the same person and I feel that the second letter was only written by them after I asked where my new tenancy agreement was. Note that the second letter only exists in email form and no original has been given to me, where I have the original of the first letter and invoice. I asked to speak to the person who wrote the letter manager but I just get fobed off with the person who works under the one who signed the letter and am told that nothing wrong has been done and if I dont like it I must move which I can't aford to do because of the big expense in moving here in the first place.

 

When I negotiated the property, this estate agent took my money and agreed I would have a two year tenancy, but when they produced the tenancy agreement- which was two days before I was to move in the terms suddenly changed to a 6month tenancy and the atitude was do you want the property or not. As I was moving over 100 miles I had no option and they knew this and I feel that they have worked very dishonest.

 

I called the ESEA about this to lodge a complaint and they told me that they wouldnt accept the complaint as in there opinion their member has done nothing wrong.

 

Please helpme,I don't know what to do and I feel that I've been robbed of my money as they took the fee and not provided what they agreed to.

Should I contact the landlord direct. My neighbour also tells me that the property I stay in changes tenants every 6to8 months and the rent always goes up by £50/month which is interesting.

 

All help will be welcomed, thank you.

scan0012.pdf

[Ed999]

My comments only apply if the premises are entirely within England, and you were granted a shorthold tenancy (under which you have exclusive use of a separate dwelling, and the landlord does not live in the same building), and you were over 18 years of age when the tenancy was granted.

 

This posting is supplemental to the information in this forum's "sticky" threads and is NOT to be read in isolation.

 

 

Bear in mind that if you are a shorthold tenant, with a periodic tenancy, you can be evicted from the premises by simply being given 2 months notice, in writing, taking effect after the initial six months ends (expiring on the last day of a rent period). No reason has to be given. Where a dispute arises, concerning any matter, the landlord can simply end the tenancy in that way.

 

 

Contract for renewal

 

Only a Court can decide the legal effect of what has occured.

 

A Court will take into account the evidence which is given at a hearing by you and by, or on behalf of, the landlord. This evidence will only emerge by cross-questioning of the witnesses.

 

The outcome of a Court case is never certain.

 

In my opinion, the following matters might be taken into account by a Court.

 

For a contract to be validly created, and therefore legally binding, there must be -

 

(a) an offer to let the property, made by the landlord;

(b) an acceptance of that offer by the tenant;

© a payment, of money, by the tenant;

(d) an intention to create legal relations - which is presumed to exist unless the landlord and tenant are related by blood or marriage.

 

If any of those elements is missing, there might not be a valid contract. If the contract is not valid, there would be no legal basis for you to sue to enforce the contract, e.g. for specific performance of the contract.

 

If the money you paid was rent, there probably is a valid contract; but if you only paid an estate agent's admin fee, there is proably no valid contract. The former would probably indicate the existence of a letting agreement; but the latter suggests only a renewal, i.e. on the same terms as before. And only a court can decide for sure.

 

 

Complaints against Letting Agents

 

If the letting agent is an Estate Agent, you can complain to his professional body, NAEA (the National Association of Estate Agents), or to the Housing Ombudsman (105 Strand, London WC2R 0AA).

 

The Ombudsman scheme has existed since 2002. Originally called the Ombudsman for Estate Agents (OEA), he was entirely ineffective until April 2006, when it became compulsory for all members of the National Association of Estate Agents to join the scheme. The OEA subsequently merged into the Housing Ombudsman.

 

Unfortunately, the Housing Ombudsman is an industry arranged service which is under-resourced, takes too long, and lacks transparency.

 

Your only effective remedy is therefore in a Court; but there is always a risk of losing a court case.

[Discontented]

Thanks Ed999

(a)The offer of a years tenancy was made from the landlord via his agent in writing dated June 19,2011 for one years tenancy and in the written offer I needed to accept the offer in writing and pay the said amount before July 25, 2011.

(b) I accepted the offer in writing on July 19, 2011.

© I paid the said fee on July 19, 2011.

 

In my books this makes it a binding contract.

 

When I queried in August 29, 2011 where my new tenancy agreement was, I then received a letter dated July 25, 2011 stating I was not getting a tenancy renewal. This letter I feel was back dated to July 25, 2011 as I only received it (on August 31,2011) after querieng my tenancy.

 

As you can see from the documentation I've copied : On July 25 2011 they wrote to me saying by tenancy renewal would be sent to me, on July 25, 2011 they stamped by invoice dated July 19, 2011 thanking me for payment and then on July 25, 2011 wrote the letter which I only received on August 31, 2011 stating I wasn't getting a tenancy renewal. Quite a busy day they had.

 

Why would you write two letters on the same day one saying yes and one saying no. This is what makes me very suspicous that this was just a money making operation by them.

[mariner51]

Certainly one for the Ombudsman, I think

 

V generous offer by LL of SPT though (not) and exceptional customer service from EA to accept renewal admin fee for SPT!

[Snorkerz]

I feel it would be to your advantage (even if only for peace of mind) to speak directly with the landlord. Give him your side of events and ask if there is anything he can do to get the agents to comply with their original commitments. There is plenty he CAN do, doesn't mean he will (or knows that he can), but its worth a try.

 

Do you have the landlords contact details? If no, ask the agent IN WRITING for them. It is a criminal offence if they don't supply the info within 21 days. Section 1, 1985 Landlord & Tenant Act.

[Discontented]

Many thanks for your comments. I originally penned a letter to the landlord, but didn't send it as I was in a hyped up state about the situation and also the agent had made an appointment to inspect the property and that would be a chance to dscuss. The agent has stuck to their guns stating that the letter thanking me for my renewal and also the invoice (of which I have the originals of these) were not sent to me and in their opinion do not exist. I did state to the agent that I wanted to discuss the matter with the landlord and all I got was a verbal reply from the agent "you do know we can give you notice without reason to vacate the property". In other words, reading between the lines don't rock the boat.

[Snorkerz]

The agent can NOT give you notice to leave. That decision is the landlords and the landlords alone. They can not take unilateral decisions of that nature. They may (at a push) be able to issue a section 21 notice, but that does not force you to do anything even though they'd have you believe it was an eviction notice.

This may help give you a bit of piece of mind: http://tenancyanswers.ucoz.com/index/being_evicted/0-21

 

 

Dear Sirs

 

RE: 123 High Street, Looneytown.

 

This is a request under section 1 of the 1985 Landlord And Tenant Act. Please provide me with written details of my landlords contact information. Failure to do so within 21 days is a criminal offence with a potential fine (scale 4) of £2500.

 

Yours sincerely

 

Mr Discontented

[platta]

I feel it would be to your advantage (even if only for peace of mind) to speak directly with the landlord. Give him your side of events and ask if there is anything he can do to get the agents to comply with their original commitments. There is plenty he CAN do, doesn't mean he will (or knows that he can), but its worth a try.

 

Do you have the landlords contact details? If no, ask the agent IN WRITING for them. It is a criminal offence if they don't supply the info within 21 days. Section 1, 1985 Landlord & Tenant Act.

 

I agree; contact the Landlord, they may be totally unaware of what is being done with their property and these actions could be why there is a regular turnover of tenant and he may the cut ties with this Agent as they are clearly doing all they can to make as much money as possible out of you.

[Discontented]

Many thanks,will defsend the letter now,

[platta]

Let us know how you get on