Sent a section 21 notice to vacate because i refuse to pay estate agent fees

[stephanied]

Hi im new here so i apoligies if this is in the rong section.

 

Please some one give me some advice.

 

I am privately renting a property. When i first moved in it was me my partner and my son. Due to some difficult circumstances me and my partner have seperated. I informed the estate agent it will just be me and my son living at the property. They called the landlord and he had no problem with this.

 

 

Now the estate agent want to do a brand new tenancy agreement with new fees. Now im happy to pay fees for a new tenancy agreement However they have said they need to re-refernce check me of a charge of £150, and also re reference check my guarantor of a fee of £100. Now when i first moved in i already payed for these checks and dont they still stand ? nothings changed apart from my partner moving out so why should my guarantor have to be re checked when he was liable for full rent anyway?

 

 

So they have sent me a section 21 notice to vacate in 2 months saying the landlord wants me out. However the landlord has said its fine they just want me out because i refuse to pay for checks ive already payed for?. In the section 21 it has also said i need to pay for proffesional carpet and curtain cleaning and show them invoices for this . There says nothing of the sort in my tenancy agreement just that it should all be the same as the pictures in the inventory.

 

 

Now i have 2 months to either pay which i dont see why i should pay for something ive already payed for a year ago. Or be made to move?. Also my deposit is in a deposit scheme so if i find another private rental how does it work with my deposit being transferd?

 

 

Sorry for such a long thread just need some advice? are the estate agent allowed to do this? when the landlord is happy for me to remain in the property with my son?.

Edited March 26, 2015 by Conniff

[p3t3r]

if you are in contact with the landlord, maybe suggest that you pay rent directly?

 

it does seem unfair that the estate agent is charging you again, probably only doing so to make themselves a few extra pounds.

 

someone with more knowledge will be along to help you out soon!

[stephanied]

Thankyou for replying. Landlord doesnt want anything to do with it. He just wants me to continue paying the estate agents. But he is happy for meto stay. Estate agent refuse to even give me the landlords number or email as they want everything to go through them so they can charge what they want. Please help

[mariner51]

Your G will have to sign new Deed of G due to new AST and his increased liability from loss of chase-able joint T.

Otherwise final decision is with LL, he may think you are refusing to pay fees because you cannot afford them and hence poss future rent.

You can contact LL at the 'address for serving Notices' in your AST.

You know his name, so try searching online free BT phonebook or social media.

LA is reqd to provide LL address within 3 weeks of T's written application to them.

[Steve__M]

It isn't quite clear what level of contact you have with the landlord.

 

You do not have to leave at the end of the Section 21 notice.

 

If you stay beyond the period then they have to get a possession order to get you to leave.

 

You could choose to stay and continue to pay the rent. This would call the agent's bluff. They may be wary of asking the landlord to evict you.

 

If you stay for long enough then maybe the Labour government will have got through its planned law to ban letting agent fees (a great idea because they are a massive [problem]).

[stephanied]

Hey I dont have any contact with the landlord the agent doesnt allow it as they want it to all go through them so they can charge extra fees. My landlord said it was fine for me to remain in the property ( the agent told me ) so im sure he probably doesnt even know about the notice . Also in regards to the proffesional carpet cleaning at end of tenancy it didn't aay anything about that in the tenancy agreement and they want invoices for it otherwise thell deduct from my depsoit. Im sure they cant do this. To be fair the carpet is the thinnest cheapeast oldest carpet possible aswell.

[raydetinu]

carry on and try and contact LL direct; keep paying rent etc.

I cant see LL taking action to evict if he is happy for you to stay and you keep paying rent on time. why would he, it will cost him to evict and find new tenant.

LL must agree to s21 notice, LA cant act on their own. ( they are his agent, they do not own property ).

Ask agent to confirm LL agreement to S21.

[mariner51]

LL/LA can propose any deductions from deposit based on move in/out condition report, T can contest via ADR or SCC on 'reasonableness'.

It could be 'prof clean' is stated part of LA/T Agreement applicable to all their Ts, does not have to be in AST. Equally LA's cannot deduct it from T deposit, unless otherwise previously stated.

[ashmk]

Sounds to me like they are calling your bluff in the hope you pay up. What a nasty way to do business. Write to the landlord, tell them whats going on.

[SabreSheep]

In the interests of balance to the advice given above.

 

*IF* one does not leave at the end of a section 21 notice and eviction goes ahead, it is possible for the Tennant to be charged the legal fees for the eviction.

 

That being said, maybe it would be possible to negotiate your own tenancy direct with the LL on the basis that the LL would not have to pay the LAs fees himself either

[Steve__M]

raydetinu

 

LL must agree to s21 notice, LA cant act on their own. ( they are his agent, they do not own property ).

Ask agent to confirm LL agreement to S21.

 

I don't think this is quite the whole story. Many landlords will ask agents to act on their behalf on all aspects of the property management including evictions.

[raydetinu]

I did say they cant act on their own, they must have LL agreement to try and evict somebody; LA cannot do that! only a LL as it is his property.

OK they can issue a S21 but cant follow it up and take tenant to court, only LL can do that!