Memorandum of renewal

[ReenaBB]

We have lived in the same privately rented flat since 2012. We were in an 18 month tenancy, then signed a further 12 month tenancy. After that we decided we would rather go on to a periodic/rolling tenancy as we were fed up of the fees each time we renewed. The letting agent tried to discourage us from doing this but we stood firm. We have been on a periodic tenancy for 12 months now.

 

If we had signed another tenancy agreement 12 months ago, it would be time to renew around about now. Two weeks ago we received an email telling us our tenancy was up for renewal and asking we wanted to sign another one. I replied to say we are happy to remain on our current rolling contract. A few days later we received another email attaching a memorand of renewal and requesting £70. The only difference going forwards will be the rent increase, which we also had last year with no need to sign anything. We have never been asked to sign a memorandum of renewal by previous letting agents - it has just gone on to a rolling contract. When the rent has gone up, that has been that - we have just paid it with no need to sign anything.

 

Can someone tell me if the memorandum of renewal is above board? Do we have to pay it? What is the benefit of us signing this document versus being on a rolling contract?

 

For background we have recently annoyed our letting agent as we had been waiting for a broken window to be repaired for four weeks (totally broken so totally insecure). After it had still not been repaired and the letting agency stopped answering emails about it (but did chase us to renew our tenancy), I contacted the landlord directly to ask if they would mind chasing it with the agent. It was finally repaired last week.

 

Any advice will be really appreciated.

 

Thanks!

[ericsbrother]

The problem is ther is nothing in your current arrangement that allows the agents to screw you for a few quid, hence the attempt to place themselves between the landlord and yourselves. Acknowledging this by signing is basically giving them the right to take money for nothing so no harm will come of ignoring it unless they somehow persuade the landlord to cut his nose off to spite himself.

[lbr102help]

Thank you for the reply. I thought that was the case. I have never come across this before and there seems to be pretty much no information online about it.

 

One more question. Our original contract stated that our rent would increase once per year by be rate of the RPI. Now we are on a periodic contract, can they increase it by more than the RPI? This is another trick they seem to be trying (or their maths may be poor).

[lbr102help]

Sorry, one more question. I have found our original contract which states:

 

'4.1.17 pay the Sam of £70 plus VAT in respect of the costs in preparation of any renewal agreement'.

 

To me this would mean renewing a contract rather than going on to a rolling/periodic tenancy. Am I correct? Is there any legislation/case law I could quote at them about this?

 

Many thanks

[ericsbrother]

The tenancy should continue with the same terms as originally agreed, that is why there hasnt been a new agreement, because you dont agree with the offered terms. The LL can serve a NTQ but that would be daft as they would lose money and have to find a new tenant.

Still the agent trying to get money where it is not due.

My telecoms provider still provides a service on a monthly basis as I am no longer subject to a fixed contract period. If they want to lose business in the fastest way possible they would change the terms of this provision. The cards are all in your hands, talk to LL rather then these bandits, you may find that LL doesnt know what they are up to and is being charged for something he is not getting as well, such as a proper management of his property.

[legalistic]

Section 83 of the Consumer Rights Act 2015, which came into force on 27 May, concerns lettings agents being transparent about their fees. I suggest you check to see if they comply:http://www.legislation.gov.uk/ukpga/2015/15/section/83/enacted