Letting Agents - is this procedure correct?
Dear Helpdesk. I have been continuously harrased (as has my tenant also) by the agents to renew a Tenancy Agreement.
1. Firstly in January they sent a form requesting renewal instructions. Then this latest attempt. I have told the tenants that they can roll the tenancy forward on a monthly basis with no need for a further Tenancy Agreement being issued. I believe I am correct in stating this since I can find nothing in the existing tenancy agreement commenced on 1st July 2011 (for 24 months) until 30th June this year that states otherwise.
"This agreement may be terminated early by the Landlord upon serving Two months notice in writing not to be served before 01/01/2013 to the property address. This agreement may be terminated early by the Tenants upon payment of £50 administration fee and the service of Two months notice in writing not to be served byfore 01/01/2013 to the following address: ludlowthompson.com Limited, Unit 3 Apex Business Park, Wainwright Road, Worcester, WR4 9FN.
2. I believe the agent is trying to drum up further fees through issuing a new TA.
3. Also it is my understanding cannot issue a TA with a break clause at any time as he suggests in his e mail below. I believe the earliest break clause is at six months. " I would therefore advise that a 12 month contract is drawn up with a break clause at any point in the contract. "
4. Nor do I think it is permissible to tie me in to using there company on the threat of not returning fees. "The minimum fee would not be applied and you would therefore receive a full pro rata refund of your fees from the point that the tenants vacate the property, sufficient to the property being re-let via ludlowthompson.com."
I believe that these stringent (bully boy) tactics should be highlighted to other landlords as unacceptable practice by letting agents.
Please could you confirm what is correct in this instance? I look forward to hearing from you.
Should you require I copy of the AST I can provide this.
Kind regards Margaret Melrose
copy e mail exchange in full
margaret melrose (firstname.lastname@example.org)
Dear James, you are not in authority to serve notice on my tenants. This was a find only tenancy not a managed one. I am pre occupied with family matters and have until end April to serve notice since the TA expires on 30th June thus 1st May is the final date for serving notice. I do not believe there is anything in the TA that recommends using the course of action you propose. Kindly leave my tenants in peace.
Regards Margaret Melrose
Subject: RH07501- 28 Merchants House
Date: Fri, 5 Apr 2013 10:39:46 +0100
Dear Ms Melrose
I hope that you are well.
I have not heard from you regarding my ideas for the contract renewal of the above property.
As I previously advised, the tenants of the property are looking at staying for another few months but are unsure as to how long. I would therefore advise that a 12 month contract is drawn up with a break clause at any point in the contract.
The minimum fee would not be applied and you would therefore receive a full pro rata refund of your fees from the point that the tenants vacate the property, sufficient to the property being re-let via ludlowthompson.com.
I must advise that if I do not hear from you by close of business today, I will be serving the tenants notice to vacate the property, in order to protect your position as the landlord.
Rent Collection Administrator
Apex Business Park
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