Is it possible to avoid Letting Agent renewal fee in case of self-management?

Is it possible to avoid Letting Agent renewal fee in case of self-management?

16:03 PM, 1st June 2017, About 8 years ago 16

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I self-manage a property in London and I used a letting agency to find my tenant. My contract with the letting agent states there is a fee to be paid for tenancy renewal (5% +VAT, periodic basis included). The tenant has contacted me well in advance of the expiration of the current tenancy term requesting to renew.

If I draft a new Tenancy Agreement can I avoid paying the letting agent’s renewal fees? Would it be likely they would actually take me to court?

Many thanks

James


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Anne-Marie

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17:42 PM, 2nd April 2019, About 6 years ago

Reply to the comment left by Ian Narbeth at 02/04/2019 - 17:26
Thanks for your comments. That's what was unclear to me.

Anne-Marie

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17:44 PM, 2nd April 2019, About 6 years ago

Fees on first 2 years renewals 9% + VAT

Michael Barnes

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10:11 AM, 3rd April 2019, About 6 years ago

Reply to the comment left by Ian Narbeth at 02/04/2019 - 17:26
The phrase "beyond the end of the second year from the expiry of the Initial Agreement" suggests that they can charge a commission for a period up to two years after the initial two years.

Also depends on what the definition of "Initial Agreement" is.
If there is no definition, then no fee may be payable.

Also, if it goes statutory periodic, then it would be reasonable for any fee to be paid monthly as effectively they are "renewing" for a month at a time (if indeed a spt is a renewal).

Paula C

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9:11 AM, 9th June 2020, About 5 years ago

Reply to the comment left by Ian Narbeth at 02/04/2019 - 17:26Hi, thank you for the information on the point of renewal commission. I looked in detail at my initial agreement which was written in a way that I found hard to decipher but after your advice and careful reading of my contract it is the same - 2 years of renewal. At the start of the renewal in 2017 which was a 3 year term the agent demanded 5% renewal fee. As I foolishly had not fully understood the wording I paid the amount in advance. Now it's time to renew again I finally had time to read & understand the wording leading me to reply to the agent that I am not liable to pay another 5% as they have again demanded, and that they owe me 1 year at 5% from the previous term to which they replied - to explain our terms did change on renewal fees which are now applicable to all Landlords the whole way through a tenancy irrespective of the original terms. As a gesture of good will and given your previous terms I had agreed from here on not to charge fees when this should now be applicable.
I have never signed an agency agreement with those terms. I replied 10 days ago again requesting the 5% of 1 year over charged be returned to me - to which I've had no reply. Do I have to engage a lawyer now? The sum is around 8 times what it is likely to cost in legal fees. Thanks

SimonR

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15:45 PM, 11th June 2020, About 5 years ago

Firstly they cannot just change their terms and unilaterally apply them to all landlords if they haven't give prior notice of those changes or if the original contract didn't allow for them. Why employ a solicitor would probably be easier to do a money claim online

Puzzler

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