letting agents renewal fees
Submitted by Jane Holloway on Wed, 26/05/2010 - 16:50
Hi
Having problems replying to Gerald but in response to his reply:
Since I do not have a copy of my Agreement with the letting agent I have assumed that the annual renewal fees (on a let only basis) applies until the tenant moves out. Even if they have a signed Agreement stating I had agreed to these terms, I want to check that I can definitely oppose any request to pay these now since they are deemed to be unfair?
Many thanks
Hi Jane, I'm not quite sure
Hi Jane,
I'm not quite sure why you couldn't reply to the previous post.
Unfortunately without seeing a copy of the agreement it is impossible to give you a definitive answer as to whether the term relating to the renewal fees would be deemed to be unfair. However given the recent case law it is likely that a term similar to the one that was in Foxtons contract would be found to be unfair in a County Court.
In your situation you can say to the agents that you are not paying their fees. Even if they produced a contract signed by you it would still be up to you as to whether you paid them. If you did not pay them they could issue County Court proceedings against you for breach of contract. A judge would then decide whether or not the specific term relating to the renewal fees was unfair. Given the recent case law if the term is similar to the term in the Foxtons contract it is likely that a judge would conclude that the term was unfair and that you would not have to pay the fees.
However everything will hinge on the exact wording of the agreement. I think that you need to contact the agent and you will then know what their response will be.
I am a Legal Advisor employed by Sarginsons Law and specialise in Civil Litigation matters. I deal with disputes between individuals and businesses including Landlord and Tenant issues, debt recovery and property disputes.
Telephone 02476 553181