Letting Agents Tenancy Renewal Fees

Expensive Tenancy Renewal Fees

If you’ve used a high-street letting agent to find a tenant, you’ll probably have to pay a tenancy renewal fee if you renew the tenancy with your tenant after the fixed term expires (which is typically after 6 or 12 months).

But what exactly are you paying for, and is it actually worth it?

What is a Tenancy Renewal Fee?

Good question! No, really!

We’re told it’s an ‘admin fee’ letting agents charge to facilitate the renewal of a tenancy with your current tenants. All that really means is that we’re paying our letting agent to send a tenancy agreement contract – usually the exact same one as used before, but new dates and sometimes a new rent rate – to our tenants to sign.

Tenancy Renewal Fee

From my experience, most letting agents charge landlords approximately 10% of the annual rental income! Some of the bigger agents charge more (I won’t mention names). A handsome sum for very little work, you say. You’re not wrong.

Tenancy Renewal Fees are a gigantic rip-off

I, and oh-so many other landlords, refuse to believe that paying 10% (of thereabouts) for every year that I keep a tenant is acceptable or fair. I understand that there is *some* admin work behind creating a new tenancy, but the prices we’re being charged is daylight robbery!

Tenancy Renewal Fees

Random status I noticed on Facebook from a friend of mine- she’s a tenant.

Letting Agents in England CANNOT charge Tenants a Tenancy Renewal Fee

Whether you realise it or not, many letting agents used to charge both landlord and tenant a tenancy renewal fee. Yup, they were screwing both ends of the stick. Or something like that.

For example, they would charge a landlord £200 to renew the tenancy, but they would also charge the tenant £200. Of course, many agents weren’t transparent about the double-ended shafting that was occurring.

What, agents being sly?!? Yup, I kid you not. The world is falling apart as we know it.

I speak in ‘past tense’, because since the 1st of June 2019, with the introduction of the “Tenant Fees Act 2019”, letting agents have been banned from charging tenants a tenancy renewal fee. An awesome result for tenants. Justice has been served.

However! As a result, letting agents can only charge landlords the tenancy renewal fee, so now the problem is that letting agents need to recoup their losses from somewhere; charging tenants a renewal fee was a very lucrative cash cow for agents.

You can see where this nightmare is going, can’t you?

Yup, many agents are now charging landlords the FULL whack of tenancy renewals, so renewing tenancies has become more expensive than ever before!

If you’re reading this blog post, the odds are you’re already having to deal with tenancy renewal fees, and you’re probably looking at how you can shake loose from the bear trap (don’t worry, I’ll cover that very shortly). But if by any chance it’s not too late for you – perhaps you’re just conducting your due diligence and you haven’t chosen a letting agent yet – my advice is to avoid any letting agent that enforces renewal fees! Or, at the very least, ensure the renewal fee is a reasonable rate and that you thoroughly understand the mechanics of the clause.

How I avoided paying my Tenancy Renewal Fees

I’ve actually been in the situation where my letting agent wanted to charge me an astronomical renewal fee – it definitely felt like they were charging me for finding an entirely new tenant again, as opposed to photocopying a generic tenancy agreement and gathering a couple of signatures.

For the sake of protecting myself, I won’t name the letting agent involved, because my method of avoiding the fee wasn’t exactly “legit”, so I’m told.

A while back I used my local high-street letting agent to find me a tenant and fully-manage the tenancy. Eleven months later, the fixed term in the tenancy was due to expire, consequently the Tenancy needed to be renewed (i.e. a new contract with new dates needed to signed), unless I want the tenancy to become a Periodic Tenancy.

I wanted my tenant to renew so she was tied down for a set period, but at the same time I didn’t want the tenancy fully-managed by the agency anymore. I contacted my tenant and told her I wanted to manage the letting privately, without the use of a letting agent. She was fine with that because we had a good relationship, so cutting out the middleman made sense.

One month prior the expiration of the contract, my letting agent contacted me, and this was how the conversation went:

Agent: “hey, the tenancy agreement with your tenant is nearly up, would you like it renewed?”

Me: “Yes, but I’d like to handle it privately from now on”

Agent: “I’m sorry you can’t do that. Your tenant is our client, so if you want to go private you will have to find a new tenant”

Me: “What do you mean? I paid you XXXX amount to find me a tenant, and you did. Thank you, but I can take it from here”

Agent: “Ok, but you’re not allowed to do that. You can keep our client if we set the new contract up for you”

Me: “How much will that cost?”

Agent: “£400”

Me: “What? £400, just to set up a contract? I can download one from the internet for free”

Agent: “haha, no you can’t sir”

Me: “I assure you, I can. If not, I can just photocopy the existing Tenancy Agreement and reuse it. It seems as though you just want money out of me for nothing. This is ridiculous”

We argued for about 30mins, going around in circles aimlessly. By the end of the conversation we were both pretty pissed off. I eventually made it clear that there was no way in hell I was going to give them another penny for doing no extra work, especially after our conversation. By the end of it, she threatened me with legal action. I knew there was no way she was going to bother going down that road (I called her bluff). In conclusion, I kept my tenant, avoided all fees, and didn’t hear from the agent again.

In retrospect, calling her bluff and refusing to pay the renewal fee probably wasn’t the best way to handle the situation. I’m still not sure how far she could have legally taken it, I’m just glad there were no repercussions. However, there are better ways to avoid renewal fees.

Just to clarify, while I was having the conversation with the letting agent, I wasn’t sure whether there was any mention of a tenancy renewal fee in the contract I signed with them or not. But it was the first I had heard of it, so I just assumed I never agreed to any such thing.

How to avoid Tenancy Renewal fees

Method 1: Use an online letting agent

As said earlier, it might be too late for this, because the presumption is that if you’re reading this blog post, you’re already on the verge of being shafted with a renewal fee. But for future reference, you may want to take a look at using online letting agents to source your tenants.

Notice that I’ve referred to the letting agents that charge a renewal fee as “High-street letting agents”, and that’s because ‘Online Letting Agents’ (which are distinctively different than high-street agents) typically don’t charge additional fees beyond a fixed “tenant-find” fee. That’s just one of the reasons why they’re freaking awesome.

Method 2: Ask your letting agent whether they charge Tenancy Renewal Fees

Not ALL high-street letting agents charge a tenancy renewal fee. So rest assured, even in this snake filled industry, there are still a few good men/women standing.

Before agreeing to use the service of a letting agent, ensure to enquire whether the agent charges the fee or not. If they do, find out how much, and whether they’re willing to waiver the fee. Depending on how business is, they may be prepared to drop the fee. I would get it in writing though :)

Method 3: Allow the tenancy to roll onto a Periodic Tenancy

The tenancy renewal fee is usually only chargeable if the tenancy is “renewed” i.e. new contracts are signed, and the tenant is tied in for a new fixed term. However, if you don’t sign new contracts, the tenancy becomes what is known as a Periodic Tenancy Agreement. If you allow this to happen, most agents can’t charge you a “Tenancy renewal Fee”

With a Periodic Tenancy, the same terms and conditions apply to what’s stipulated in the existing Tenancy Agreement, but the contract becomes “periodic”, which is dependent on how often the rent is paid. For example, if the rent is paid monthly under the original fixed term, this will become a monthly periodic tenancy, or a weekly periodic tenancy if that’s the payment schedule.

So, if the agent tries to charge you with a tenancy renewal fee, just say, you’d like the tenancy to roll onto a periodic tenancy. That may avoid the fee, depending on what is written in the contract you signed with the letting agent.

Method 4: Is the Tenancy Renewal Fee clearly stated in the contract?

When using a letting agent, you’re usually required to sign a contract with them. In the contract, there should be a clause which refers to a renewal fee if it’s part of their policy.

However, if the tenancy renewal fee is NOT in the contract, or clearly stated in the contract, then there’s a good chance you won’t be liable to pay. There was a case that went to court a few years ago, which involved Foxtons Letting Agents. The judge ruled that because the fee wasn’t stated clearly in the contract, it wasn’t enforceable. You can read more about that case here, High Court rules against Foxtons.

Method 5: Talk to your tenant

I wouldn’t advise following the rules of method 4, because I’m not sure how legal/illegal it is, or what the implications would be if you got caught doing it!

If your letting agent is adamant on extracting the renewal fee from out of your pocket, then you could simply tell the agent that you no longer want to renew the contract with the tenant(s). Simultaneously, make arrangements with the tenant to go along with the story, and tell them to inform the agency that they would no longer require rented accommodation.

At this point, the landlord and tenant can continue with the arrangement they’ve always had. And if they wish to rearrange a new Tenancy Agreement between them, they can do so.

187 Join the Conversation...

Showing 137 - 187 comments (out of 187)
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Jamie 11th June, 2014 @ 07:15

Our agent has just emailed us 3 months before the tenancy has ended to tell us it will be £90 to renew! Our LL has handled everything since we moved in but the LA have told us we need to pay them then money to send out new contracts. Outrageous!

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andrea smith 19th June, 2014 @ 14:40

My contract with my property management is due to expire in 2015 and I have advised that I would not wish to renew this, however I like my Tennant's so requested to take over the management myself. They have advised that as long as the Tennant's live in the property regardless if the contract is in place they have the right to request a management fee until the Tennant's vacate is this correct.

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cardifflandlord 19th June, 2014 @ 15:12

Hey Andrea,

I'd say it depends on the wording of the contract you signed. If it was there and you did not read it or signed it without understanding it then that's down to you i'm afraid and they probably have the right to the payment.

HOWEVER, it is highly likely that the contract falls under the unfair contract terms legislation for it's unreasonability (why should you pay them for the next 5 years when they do nothing yada yada) so I'd have a chat with a legal professional to let them look at it. Spending a few bob now will save you loads of hassle in the future.

CL

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cardifflandlord 19th June, 2014 @ 15:14

@ Lenny Victor

Bloody well said!

CL

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Hove Tenant 26th June, 2014 @ 20:22

My letting agents are asking for £60 admin fee, just to to allow me continue to stay on a periodic tenancy. Not even a renewal! So, in effect, they are asking me to pay a fee for doing, not only hardly anything...... but actually....NOTHING!

Their first letter was little threatening with CAPITALS. They asked me to confirm that I wanted to stay and then pay the £60, otherwise be aware that i must give notice in writing. It made it sound that I would have to leave if i didn't pay. The 2nd letter was little less threatening, but still asking me to confirm I wanted to stay, so that then they could charge me admin fee for periodic tenancy at end of tenancy.

Can they charge me this fee for this? I signed a 6 month contract in mid jan 2014 and have paid my rent on time.

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WaterTiger 19th July, 2014 @ 09:15

The law of averages suggests that there must be some decent agents around — mustn’t there? — but most of them seem to be the kinds of slimy, money-grubbing sh*ts you’d expect without any imposed ethical framework or regulation of their activities.

I bought my first house complete with (utterly brilliant) tenant about two years ago. My parents had owned a couple of houses for a while and had been very badly stung by agents who took fees, but did naff all. (Have you heard the one about the longstanding tenant who died and it turned out his son had been living in the property for over ten years without the agent noticing, so had the right to remain on a regulated tenancy? The solicitor said it probably wasn’t worth suing the agents as they were a nationwide company with much firepower…)

I was determined not to have an agent, although the agent used by the vendors of my first house tried very hard — including, I discovered later, putting no little pressure on the tenant to try to persuade me (seriously!) — to make me keep him on. I quickly worked out why he was so keen. It turned out that he had not only been charging the owner agency fees, but he had been charging the tenant SEVENTY POUNDS TWICE A YEAR to ‘renew’ a standard assured shorthold tenancy — and to add insult to injury, he even made her (she doesn’t drive) go to his office to pay!

Anyway, @Hove Tenant, I don’t KNOW, but I really think it probably is not legal, especially if it wasn’t mentioned to you at the outset. Check your copies of all paperwork: did you accidentally sign something saying you’d pay to have the contract renewed? As I understand it, as long as the owner and tenant have no issues to iron out, the terms of the contract remain in force until one or other party gives notice.

Shelter says that ‘If your fixed term has ended, your tenancy will become a periodic tenancy (and will run from month to month or week to week)’, which seems straightforward (except that ‘if your tenancy is periodic or if the fixed-term has come to an end, your landlord can evict you fairly easily. There is no need for your landlord to give a reason to the court but they must be able to show that you have an assured shorthold tenancy and that the correct notice has been served’).*

Information on Landlord-Law Blog** on this very subject suggests that the agency can’t do this legally: ‘It is a tenant’s right to stay on in a property after the fixed term has ended (s5 Housing Act 1988). Any tenancy agreement term which prohibits this (if it exists, check your tenancy) will almost certainly be considered ‘unfair’ under the Unfair Terms in Consumer Contracts Regulations 1999.’ (This page also refers to a campaign by Shelter that might be worth investigating.)

There’s probably further information online, and you might also check with Citizens Advice or similar. Do let us know how you get on!

* http://england.shelter.org.uk/get_advice/private_renting/private_renting_agreements/assured_shorthold_tenancies
** http://www.landlordlawblog.co.uk/2013/07/24/can-letting-agents-insist-on-a-new-fixed-term-rather-than-a-periodic-tenancy/

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landlordpete 24th August, 2014 @ 12:51

So many comments - but perhaps they can be summarised as:

Landlord: "I signed something which I either didn't read or understand, and now rather than admit to my own stupidity I think I have a right to blame someone else. Yes I know when I was looking for an agent there were others who are long established, regulated, qualified and have an independent redress scheme, client monies insurance, etc, but I saw that I could save a few quid by going to the cheapest'

So how about another thread along the lines of:

Landlord: "my tenant signed a tenancy agreement and they are now saying that although the issue that they are raising is written in the agreement they signed, they don't wish to abide by the terms as they claim they never read them properly. This is totally unfair, outrageous in fact and all tenants are therefore scumbags. I'm an honest landlord, honest guv. Qualifications, training, redress scheme? no, I don't have any of those because I'm an expert and tenants should just do what I tell them'

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Jamie 24th August, 2014 @ 16:24

@Landlordpete Landlord's like you are a disgrace. You say you are a good honest guy, but you are charging people through the nose to pay your mortgage. I earn a very good wage and do not have a hope in hell of affording a house in London. All because of selfish landlords like yourself. You should be ashamed.

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landlordpete 24th August, 2014 @ 17:45

Jamie, you don't seem to be able to read.

I was pointing out the fact that, whether you are a landlord or tenant, you are entering into a legally binding contract, the terms of which you should read and understand, or ask for clarification, or take them to someone who can explain, or else not sign it at all.

I could then go one to argue that I have gone from being a tenant to now being a buy to let small business owner with huge borrowings.

I could point out that I have foregone flash cars, large tv's, holidays and other of life's luxuries so that I can establish and grow my small business and climb on to the housing ladder.

I am a small business owner, just like the corner shop who provides you with convenience of food when you want it. I provide a place to rent when people want it.

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Jamie 24th August, 2014 @ 18:10

No Pete, you are just scum. Charging people way above the going rate to live in your crappy apartment.

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Ray 7th March, 2015 @ 00:02

my only advice is before signing anything "READ" 98% of the tenancy agreement and landlord/lady agreement, would say, owner can't renew the contact directly with tenants.

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Kate O'Hara 20th May, 2015 @ 03:48

I have found the comments to be very informative. The main take-away is, READ THE CONTRACT before signing, and if you don't agree, then question it and negotiate the terms. That is what I shall do tomorrow. Many thanks to all who have written from all sides...... LL, LA, Tenants. (I am a landlady - no moustache).

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Sean Atkinson 22nd August, 2015 @ 18:05

All agents are parasites sucking a living from other peoples assets, you are disgusting people and I hope you all go out of business.
cheers

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Mike Stanton 23rd September, 2015 @ 06:49

Can't believe the comments I've read here

I'm a letting agent with a great record of getting great quality tenants for landlords and the tenants staying for a number of years at a property
Now here are my points
1. If you as a landlord sign my terms which are on one page only and clearly show renewals are due ( which by the way we only charge for one extra year) then a landlord should pay.
I detest alot of the comments were scum, blah blah, if you do don't want to pay renewals make it clear at the outset not once we invoice you
2. You as a landlord are deriving income from a tenant I have introduced, yes you paid at first introduction but you as a landlord your still getting income from my tenant !!
3. If you don't like agents... Simple do it yourself
4. I've heard it all before, you can do your own viewings, contracts etc. All this takes valuable time and organisation, as with the referencing. Due to my experience I've weeded out fake tenants even if they pass a credit check but doing more background checks on their previous landlord etc..
5. Because of above I save landlords a fortune on a tenant who wouldn't of paid rent!
6. The same people complaing about agents are happy to call or sit in one of our offices for hours asking advice
7 . Again all these people harping on we get money for nothing etc. I generate excellent rent increases which help with the landlords income

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Cardifflandlord 23rd September, 2015 @ 12:26

@ Mike: Blah blah blah.

Your point two just goes to show you don't get it.

It's NOT your tenant. Your Landlord paid you to find them and then manage them and no doubt you are still getting an income too from the management fee you charge.

There are some very good agents, I have one now, however there are even more scumbags some of whom I have used in the past the same way as there are some great landlords and some scumbags too.

I too detest agents who fail to pay me on time, charge extortionate fees, lie to me, can't be bothered doing any training or join a trade association etc.

Get over it........

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Claire 4th February, 2016 @ 14:45

My tenant wants to move out of the property during fixed term, which he is not allowed legally (no break clause in his contract). However, if he does move out without paying rent, is the letting agent legally obliged to find me a new tenant or refund the remaining agency fee?

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landlordpete 4th February, 2016 @ 17:42

Claire,
I would say that it depends on the contract that you read? and agreed to with the letting agent, or if you can prove that the agent has been negligent in their duty of care to you, i.e. failed to provide the service level that they said they would in terms of say, referencing.

If the agent is trusted, established, regulated, etc they may well have an interest in reletting your property to a new tenant, therefore although they may not be willing to provide you with financial indemnity should you get a bad tenant, they may provide advice or assistance in pursuing the outgoing tenant for their debt.

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Lea 4th February, 2016 @ 21:56

We are half way through our tenancy, originally through a well known agent. Our landlord has now taken over the tenancy due to the agents very bad management and a massive lack of interest and response to quite a few issues we have had with the property!
My question is - now the landlord will be dealing with us direct and the rent goes straight to them every month, I'm I within my rights to ask the landlord to reduce the rent by 10% as they will no longer be paying that to the agent!

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Claire 4th February, 2016 @ 22:21

@Lea

I do not think that is you are within your right to get the rent to reduce.
First, you have signed the contract with a fixed rent
Second, The landlord usually paid the agent upfront in lump sum of all agency fees
Third, the landlord will now have to manage the place, time and effort = money.

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Block 13th April, 2016 @ 23:20

Hello, and help! :)
Our landlord wants to leave his contract with the estate agent because of the renewal fees. And he wants us to stay on, while lying to the estate agent - telling them that we're leaving, and giving a different name if they come round. To be honest the estate agent does nothing (we've been here a few year an only hear from them when they want to renew the tennancy). We have a good relationship with the landlord who manages everthing himself.

I have 2 questions

1. Would he have to pay the estate agent if we don't renew and simply let it run month to month?

2. I understand they can sue him for breach of contract if we stay on (and sign a new agreement with him) but is it possible for us to get in trouble? There's nothing in the OUR tenancy agreement.

THANKS!!

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Dean 11th May, 2016 @ 11:50

I registered my flat with a Letting Agent in London to find me a tenant on a let-only basis in 2012. The tenant has stayed in the property. The agent has not even printed a new letting agreement since the tenant moved in 4 years ago. I manage the property, the agent does NOTHING at all. Not even a renewal contract, so the tenant has been on a periodic tenancy for the last three years.

Every year the agent sends me an invoice for £1,800.00 which I've complained about but I've paid it.

This year I refused to pay another £1,800.00 because I'm paying them for nothing. It's like being mugged in the street. It is blatant profiteering by this letting agent. They are threatening me with a debt recovery agent.

I think I will have to get a solicitor on the case.

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Pete 11th May, 2016 @ 12:21

Dean, you're a muppet

Presumably you read the contract with the agent before you signed with them ? or did you just go for the highest rent, the cheapest fee, sign where told to and assumed 'well, all letting agents are the same' ?

Presumably your tenant entered into a contract with you and presumably you would be miffed if the tenant said that they didn't feel like paying you any rent this year because mortgage rates remain very low ?

Stop whining. You have yourself to blame not the agent. Next time find a reputable agent and READ THE CONTRACT. Oh, and be prepared that for the right, reputable agent you might not get it at bucket shop fees.

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The Landlord Avatar
The Landlord 11th May, 2016 @ 12:30

@Dean

Every year the agent sends me an invoice for £1,800.00 which I've complained about but I've paid it.

Holy moly! Why did you pay?! Generally, agents can't/don't charge a renewal fee if they tenant rolls onto the periodic tenancy, because the agent isn't doing any extra work.

What does your contract with the agent say about "tenancy renewal fees"?

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Dean 13th May, 2016 @ 12:26

There is no specific section in the contract with a heading of "Renewal Fees", nothing that obvious!

However, I found a not-so-obvious a line tucked away in the contract which states that "If the initial tenancy is extended whether or not negotiated by the agent, a fee is due as a percentage of the gross rent payable throughout the entire period that the tenant remains in occupation of the property".

The agreement I signed was to FIND the tenant only. Therefore this agent does NOTHING at all. They don't manage the property or look after it in any way whatsoever. I have my own maintenance people who look after the property. The tenant pays the rent directly to me as per the agreement.

The only thing the Agent does is phone the tenant once a year to check to see if the same tenant is still in my flat and then send me an annual invoice for £1,800.00. If I protest or query it I get threatening letters for debt recovery. So I've been paying it.

@Pete: This is a major international agent, letting executive properties in the City of London, Canary Wharf, Singapore etc.. annual renewal fees of £1,800.00 for doing nothing are not exactly bucket shop fees! If they were doing a fully managed service I'd be looking at £3,200.00 per year

After four years of this rip off nonsense and having already paid £7,200.00 to this agent, I'm saying NO MORE of this.

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Damian 16th June, 2016 @ 16:46

New to this rental thing we are tennants signed up last September and the letting agency has just contacted us ask for £160 for signing for another 12 months!!!! Why and is this right???

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Annie Grant 25th June, 2016 @ 17:10

I am a tenant renting with KFH They are a joke !! They have told myself and te landlord that we both have to pay £210 plus Vat to renew the contract that is exactly the same as it was last year . Only difference is the year 15 to 16 . Shame on you KFH

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Pete 25th June, 2016 @ 19:27

Dean,
If you believe that the service was for tenant find and you were not told the level of % that these fees were then I suspect you have a strong case to challenge them. Talk to your local trading standards office for advice.

Annie,
I agree, the fees are a joke, but how about you blame your landlord for agreeing and signing those terms in the first place and how about you learn a lesson to read your contract before signing ? If the information was clearly and readily available to you at the time, it is no good complaining after the event. If the information was not clearly and readily available to you at the time, then complain about it - ideally jointly with the landlord and first to the company and through their complaints procedure and then through their ombudsman scheme or trading standards

Next time - BOTH OF YOU pick and agent that doesn't just offer cheap fees and the most rent. Deal with people who have a good reputation and are straightforward to deal with.

As well as being a landlord myself I'm a letting agent (we don't and never have charged renewal fees, unless we are asked to do something specific at the time) and I continually lose instructions to stupid or greedy landlords who just instruct on the highest valuation figure and the lowest up front costs.

Guess what? they can't magically achieve more rent than the market can sustain and they make up for the low headline rate by charging extra for everything thereafter.

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Jules 1st November, 2016 @ 16:24

Hi there,

I'm a tenant, and I'm in the process of renewing my tenancy agreement for the 2nd time. I was aware that there was a renewal fee, and I paid it the last time, even though £125 for a one page addendum seemed a little excessive.

This time round however, my letting agency are telling me that I can't renew via addendum, and have sent me a brand new tenancy agreement to sign. There has been an increase in the rent, and I'm renewing for another year. The rent amount and the date update are the only clauses that I agreed to updated.

At present there are a number of issues with the new tenancy, including new clauses that weren't part of the old agreement, and clauses that are missing from the new agreement that were in the old one. In the new tenancy agreement, they have increased the renewal fees by almost 70%(!), and I'm wondering if they can do this, given that my original agreement, which I'm renewing has these set at £125.

Any advise on whether the agency can do this and how I can fight it would be much appreciated?

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Sam 25th November, 2016 @ 13:07

Re: FIXED TERM OF 6 OR 12 MONTHS DUE FOR RENEWAL(Subject to Contract) Fee: £60.00

My LA have sent me a letter regarding the above, I do not want to be in a fixed term tenancy as I live in a 1st floor flat, There is no soundproofing I hear everything my neighbours below/above do, I have spoken to LA and neighbours and the problem has got worse! being in a fixed term contract is preventing me from moving as LA state having noisy neighbours is not a good enough reason to want to move and end a fixed term tenancy.

Also LA state that the LL has already agreed on a further fixed term of 6 or 12 months Tenancy.

Can I as a tenant, write directly to my landlord outlining this issue and ask that I may be allowed to continue renting on a month to month basis so that I am not caught in a catch 22 situation.

I am in receipt of LHA with a guarantor. I lived for 16yrs at my last address with no fixed term tenancy agreement.

I would be grateful for any advice, as I am new to Private renting and thus find myself and son homeless over this matter.

Kind Regards

Sam

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The Landlord Avatar
The Landlord 25th November, 2016 @ 13:13

@Sam,
Yup, under Section 48 of the Landlord & Tenant Act 1987, you're entitled to a contact address for your landlord.

Explain to the landlord you want the tenancy to roll into a periodic tenancy (which is perfectly reasonable), which should also mean he doesn't need to pay the LA any renewal fees.

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Sam 25th November, 2016 @ 22:22

The Landlord
Thank you so much for your assistance with regards to my post(165), you have been very helpful.

Kind Regards
Sam

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Ladylee 22nd January, 2017 @ 14:50

Novice landlady, good to read all comments. Keep up the good work 😳

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Caro 24th January, 2017 @ 17:57

Hi all, any advice please. I have rented my old flat out now that i live with my husband in his house. I am on my third tennant and the tennancy has now gone on to a periodic tennacy from November when the year was up. In fact I had one email 2 weeks after the end of the first year to ask if I wanted to put the rent up and I forgot to reply. I have just been contacted by email from my agent with a £400.00 renewal fee invoice. Since A. it's already gone past the year by nearly 3 months and they did not ask me before the year was up if I wanted to renew the tennacy aggreement and put the rent up B. I'm not upping the rent and C. I do not want a new Tenancy agreement - should I have to pay this invoice? on the invoice it says tennacy renewal but I am not renewing anything as it is rolling onto a periodic tennacy. I realise that it's tax deductable but am a little aggrieved that they should even ask for payment for not doing a thing. I have previously paid these invoices without a new tennacy agreement and no uplift in rent but am questioning why now as the agent has nothing in the last year as it is not a managed property and I collect my own rent. Thank you.

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Jonny 3rd April, 2017 @ 16:33

"Honestly most people on this thread want something for nothing." Says Charlotte. That is exactly what tenancy renewal fees are.

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Dolores 31st May, 2017 @ 18:16

I agree Some Estate Agents are a rip off, My lease expires in 2 months time, I've been in my flat for 6 years, my Landlords And myself told the estate agent we want a Periodic lease, They never sent me a reply, but this is the reply they sent my Landlord

" As a good will gesture we will draw up a legal contract for you free, but you will still have to pay the fees £420 and if you want a Periodic lease, the fees will be £120.00 paid every quarter " is this not a rip off ? They will draw up a Legal contract !!!!! was my last contract not legal ? And why must we pay £120.00 every quarter ? Seeing as it's a Periodic lease and nothing has been done on it

All the estate agents do is check that my direct debit order goes through every month, my landlords manage everything themselves, when my landlords said they would collect the rent, the agents reply.... " you can collect your own rent but as long as the tenant rents from you you will have to pay fees and commissions.

And this is a Good Estate Agent ???? how much have they made out of my Landlords and how much more do they want ????

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Barbara 8th December, 2017 @ 15:39

Lenny Victor
Finally someone with a voice of true sense!
It is highly arrogant to state that the charges are covering agents hard work when in reality the hard work involves grabbing a new piece of paper to print on. Same with credit check, etc . etc ....
And please let’s not forget agents get paid “ normal hourly wage” !
Highly, highly UNETHICAL .

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Wendy 20th December, 2017 @ 20:54

I moved into my flat October 2016 ., my partner moved in with me in February 2017.We were due a review in October 2017 .the paperwork did not include my partner ( the were informed of our chance April 2017) they ask me to sign new tenancy with a £120 charge fee in September. I sent it back saying it was incorrect . THE sent me an email stating my landlord was happy for us to stay an to renew our agreement for 1 more year and a new fee of £170 ,omg wow don't know why the have increased the fee without telling use .any help can the do this ?

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Peter 15th March, 2018 @ 16:50

sorry think it's disgraceful that agents take 5% for a periodic tenancy when they don't even write an email. Day light robbery. I signed their T &C's but had no idea about having a periodic tenancy.... they didn't tell me that options - think it's shocking. Money for nothing...

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Landlord H 17th July, 2018 @ 16:38

Is this enforceable? I keep on paying renewal fees!

LANDLORD FEES
You will be liable to pay Rawlinson Gold's commission fees for the term of the tenancy including any renewals or extended terms of the agreement whether or not Rawlinson Gold are involved in the negotiation of such renewal and regardless of any option for either party to terminate the tenancy before the expiry of the term. Commission rates are calculated as a percentage of the rent that you agree over the term of the tenancy. Commission rates may vary and will be provided to you in writing or by email before the commencement of the tenancy. All fees are subject to VAT.
In the case of fixed term tenancies Renewal commission will be charged in advance for the full term. In the case of periodic tenancies Renewal Commission will be charged in arrears, typically in 6 monthly instalments, until a vacating date is set when you will be invoiced for the remaining period. Rawlinson Gold's fee becomes due and payable in full, in respect of the term, on the signing of the Tenancy Agreement and in respect of each renewed term upon the first day of the new term.
You will be liable to pay Rawlinson Gold's Renewal Commission fees where the original tenant introduced by Rawlinson Gold remains in occupation and where more than one tenant resides, where any or all of the tenants remain in occupation, Rawlinson Gold's Renewal Commission will be payable in full whether or not you require Rawlinson Gold to perform any additional services over and above the introduction of a tenant.

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Pete 17th July, 2018 @ 17:23

RE. 166
Sorry Sam, but I don't believe that's right.
A tenant is not legally entitled to the address of the landlord. They are however entitled to an address where notices may be served on the landlord. This address must be in England and Wales but can be the name and address of a neighbour, family member, a.n.other or a managing agent.

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Caro 17th July, 2018 @ 19:11

Further to my post up there regarding the LA charging me and the tennant a renewal fee for the contract to go on to a periodic tennacy. No rent increase, no new contracts required.
I thought you all might be interested I refused to pay and got taken to small claims. I went through the process and got all my paperwork ready, sort legal advice (albeit on line) citizens advice (who said they can’t charge you for doing nothing) etc and was ready to fight my corner and the LA last minute dropped the case. The more I read and re read the contract it just seemed ludicrous to have to pay them year on year for doing nothing. I argued with them that why should I pay a years worth of ‘commission’ to them when they could not guarantee my tennant was going to stay for a year. She could give a months notice at any time as she/I had not signed a new contract. They got nasty and I would not use them again which is a shame as they had found me 3 good tenants. Their loss as they have thrown away any repeat business I would have given them for the sake of being greedy. And for all your landlord haters out there I would like to point out not every landlord is a scumbag. I have owned my flat since year 2000 which I brought with inheritance when my mother died and from hard work saving on a low income. I have since got married and live with my husband. I do not want to sell my flat it has sentimental value to me. If I need it again I can move back in as I do not have any family to live with. In the mean time I do not want it standing empty. What would you do? I rent below market value to a single mother who split from her husband. She is not in a position to buy and she is not sure where she wants to live long term so it suits us both. As I said she is free to move whenever she likes.
What I will say about rental costs is the LA dictate the market value and then approach you to put it up every year which I never do so they are partially to blame for this.
Sure there are some greedy landlords out there but there are a whole lot of other people who rent out their homes through circumstance and a whole lot of people that want to rent because they like the flexibility of it short or longterm. Also some tenants don’t want the responsibility of buying a house.

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Marie Lee 4th December, 2018 @ 12:20

I've read most of the comments above on renewal fees but my case has a slightly different angle.

I decided that I no longer wanted to renew my agents contract as the tenants that they found were settled, 2years, and appeared to be longish term. Before the end of the agreement I wrote to tenants explaining that I would to managing the property after X date, I assured them of my personal service at all times and asked them to contact me direct. I never got a reply.

All of a sudden, and very suspiciously I thought,these tenants gave notice to leave.

Now I'm in the same situation, a good tenant and teenage son (3 months into a 6 month contract which I stipulated to the agents was all I wanted from them = find new tenant and 6 months managing) with a solid job and who redecorated the whole flat at her expense thus saving me £750. But I'm afraid that the same thing will happen again and ill lose the tenant AND be stuck with another lot of fees, if not with this agent then another one.

Any advice and/or strategy please.

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Psmith 4th December, 2018 @ 19:46

Marie,
Probably only your tenant knows knows the real reason that they gave notice. It might have been genuine coincidence that they were moving on just at the same time. It may have been that your agents provided misinformation on you/your property or even perhaps targeted the tenants with a better property /deal knowing that they are good tenants?
(I think that's covered all of the anti-agent conspiracy theories that will no doubt get flagged :-)

It is also possible (from experience) that some tenants just don't like their landlords managing their tenancies directly, feeling that they will be too nosey, too restricted or uniformed regarding letting regulations and the concept of 'quiet enjoyment'

but you are where you are.

I think if you have mentioned to your agents at the outset that you are looking for a short management contract before taking on the management yourself, and have this confirmed in writing then you will avoid the situation. If the agent is unable or unwilling to operate on this basis then look for one that will.

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Camilla Westmacott 8th January, 2019 @ 11:05

As a landlord I am battling with my agent who have provided a rent collection service for the past 3 years. Now the tenancy is up for renewal and my tenants wish to stay in the property but I do not want to continue using the agency as the 'service' they provide is overpriced, they have a bad attitude and I feel do not have my best interests, as their client, as a priority.

When I signed up for their service I stupidly didn't realise that being tied to them for the duration of the tenants living in MY house meant that they had no obligation to reply to my emails in a timely fashion or to provide me with a phone number which gets answered by a civil person who is happy to help me (their paying customer). Instead any interaction on the phone gets a huff and puff and usually a non-committal answer but of course the 'agreement' entitles them to cream off 10% of my rent regardless of the level of service they provide, there is no incentive for them to provide a good service as you've already been stitched up the minute you sign their terms and conditions.

I would be happy for them to charge me a (reasonable) fee to renew the lease as I understand that someone has to do all the paperwork but I am cross that they want to charge the tenants renewal fees also - surely it doesn't cost £100.00 + VAT to photocopy 5 pages and email it to someone?

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Monica Contini 21st May, 2019 @ 19:30

Hi, my LA is trying to charge me 8% commission on yearly rent (almost 2700£!) because they said these were T&C in the contract I signed for Let Only. Thanks God,due to their disorganisation it happens that I have never signed such contract. And never did the agency advise about this hefty renewal fee during my switch from Full Management to Let Only. Needless to say I would have never ever signed such contract and signed my life away for 2700£ a year! I even have emails where I request specific information about the Let Only fee and the agency, in replying, just mentioned a general 8% on annual rent and never referred to Renewal Fee (on which I would have never agreed upon). I have been asking for this Let Only contract for a week and even given a deadline for its receipt (tomorrow) and at this point the agency is trying to tie me to a previous contract which clearly states FULL MANAGEMENT!!!! And they are doing loads of other dodgy things, every day they come up with some silly points which have not basis and that I promptly and easily dispute. Because there has never been a new contract between me and them, they are trying in every way to make the old FM contract the valid one for a Let Only agreement. I’m appalled by their guts in being such a open scum and I told them so. And the point is I informed that even if there was such contract I would still dispute their fee on the basis that 1) i was never advised of it, 2) there is Renewal Fee clause in the contract but they casually mention that “the fee” is due at start of tenancy and for subsequent tenancies should the tenants stay, 3) they are double charging for the same service I paid for at start of tenancy (tenants recruitment, deposit collection, references, contract etc) considering that I am not requesting a new service and no service will be provided. Today I sent a last email saying that either they produce the Let Only contract (so that I can officially dispute the fee) or they have to leave me alone? What are your thoughts? Thank you!

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Monica Contini 21st May, 2019 @ 19:35

Sorry, for clarity in my previous email I meant “there is NOT a renewal fee in their T&C”...and that I know of their T&C because they are in my previous FM contract, which I have now obviously read very carefully.
Thank you!

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Itsy 18th June, 2019 @ 04:36

Hi, I am a house owner who is travelling the world doing voluntary work for a few years and recently put my property in the hands of a letting agency. Can you please tell me, who is responsible for submitting the Tenancy Agreement and utility readings to the Utility company? Is it the responsibility of the Agents, working on my behave under Full Management, or is it the responsibility of the tenants to send a copy of their tenancy agreement, with gas and elec readings? I have contacted a few letting agencies and have conflicting answers.
My letting agency informed me that my tenants received a threatening letter from a legal company saying their utilities will stop if they dont pay their bills! I was shocked to hear this as my LA told me they went over Utility Payment with my tenants a few months after they moved in (a bit late dont you think?). From the other side of the world I have stopped the court proceeding but want to know who should have informed the Utility company of the new tenant's details (name and gas/elec readings)? I look forward to your reply. Thank you.

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Jack 8th November, 2019 @ 22:15

As a landlord, my agent want to charge me more than a month of rent as renewal fee even both my tenants and myself want to move on to periodic/rolling contract. I am risking to ask my tenants to serve notice and sign them back up under my private tenants. Anything I need to be aware and avoid retaliation action from the agent?

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Samir 2nd April, 2020 @ 20:23

Hi all,
Like many comments above would love to hear if there's a way around leaving my letting agency. Charging 13% for just collecting rent. Want to keep the same tenants and leave the agency for the AST renewal.

Terms I have stupidly signed, unknowingly.
"You should particularly note that the fees for Letting and Renewal of Tenancies are payable not only for the Initial Period of the Tenancy, but also for the whole length of time that a Tenant introduced by KFH, or the Occupant (as defined) remains in occupation of the Property"

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AKI 21st October, 2021 @ 00:47

Hi, I signed a terms of business with an estate agent in London to find me tenant which they did. 1 week before tenancy due the tenant pulled out. Now the question I have do I sign a meeting terms of business with estate agent as the previous one has become void?

Many thanks

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Paul 21st October, 2021 @ 07:12

It's unlikely that the previous terms are void - but you need to read them to see if that is the case.

PRESUMABLY YOU READ THE TERMS OF BUSINESS CONTRACT BEFORE YOU AGREED AND SIGNED IT ?!!!

The terms were likely to state that the agent will act for you until either you or they give notice to the other party, otherwise, yes, you would need to agree on every instruction /tenant /applicant?

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