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Agent charging fee for for 12 months when inly 6 months agreed

Started by Jaffa16, August 02, 2016, 07:23:43 AM

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Jaffa16


Hi all.
Im new here and to being a landlord. I have been waiting since May for a tennant, finally got one via a local agent. They were very casual in the way they worked, never showed or sent me terms and conditions,  (until i requesyef them then they emailed a rough two page document) and i never signed anything with them. They found some tennants and on two occasions the potential tennant was given my email to talk direct which i thought was odd.

I chose the tennant i wanted but they failed a check. Im fine with it but decided i would have a 6 month agreement only. After that time the tennant will have been here long enough to pass the check.

The tennant has paid some money to the agent as a deposit  the agent said they will charge me for a 12 month contract because they dont really do 6 months. Also in a phone conversation the young salesman said his dad (family business) basically thinks im trying to con them out of their full fee. It says no where on their website or in their terms that they only do 12 month contracts. They do offer 6 or 12 month rent garauntee insurence though.

I like the tennant but dont want to pay 12 month charge. Any ideas of the best way to go about this? Am i in the wrong here?

Also, i noticed that the shabby terms that were put together by them mention that after the contract period, if the tennant stays i have to pay the fee again  is that usual?

Any advice welcome.

Typing this on my phone, sorry for any typo's



Hippogriff

All of my ASTs start with an initial term of 6 months. I wouldn't want it any other way. You can see why an Agent might.

Ditch the Agent. Ditch the Tenant, Start again?

heavykarma

Agree absolutely with the above.Why would you want a tenant who has failed the check? There can be enough problems ahead without starting off on the wrong foot.I have never heard of an agent who insists on 12 months,sounds very dodgy.If a tenant stays on, there is no need to do more than agree to it becoming a periodic tenancy,with no extra fees incurred.Even if you want them to sign up again with a written lease,this should not involve full fees again.It was a money-spinner for agents at one time to keep charging landlord and tenants around £75 each to draw up fresh leases,but both parties seem more savvy now,and opt for periodic arrangement.   

Jaffa16


Thank you for the reply guys.

I would have ditched the agent and tenant but I have been messed about with other agents since May and after this agent gave my email to this
guy, it turns out he and his friend seem like perfect tenants and have very good jobs and want to meet up and are by far the best potential tenants we have had offered.
  Last Friday he wanted to pay a months rent up front for me to hold the apartment so I called the agent to ask if  the money should go to them but as usual I didn't get an answer so he transferred it to me.   I told the agent as I wanted to be 100% up front and he got straight back to me in a panic about how his boss (dad) would go mad etc. I still want this tenant but could do without any hassle.  I am going to tell the agent I will sign a 6 months terms and have the on going payment removed. I guess I will see what their response is.

Glad to hear the 6 months terms are common and the on going payment is not!

Thank you for the reply's I will update you as to what they say.

Hippogriff

Quote from: Jaffa16 on August 02, 2016, 07:23:43 AMI chose the tennant i wanted but they failed a check.

Quote from: Jaffa16...it turns out he and his friend seem like perfect tenants and have very good jobs

Just be careful... unless your property is some kind of dive, or you're asking too much for it, then there are plenty of Tenants out there without doubts.

Jaffa16

Quote from: heavykarma on August 02, 2016, 02:14:26 PM
Agree absolutely with the above.Why would you want a tenant who has failed the check? There can be enough problems ahead without starting off on the wrong foot.I have never heard of an agent who insists on 12 months,sounds very dodgy.If a tenant stays on, there is no need to do more than agree to it becoming a periodic tenancy,with no extra fees incurred.Even if you want them to sign up again with a written lease,this should not involve full fees again.It was a money-spinner for agents at one time to keep charging landlord and tenants around £75 each to draw up fresh leases,but both parties seem more savvy now,and opt for periodic arrangement.

Hi

does that mean that the text below is invalid? Or do i need to ask them to remove it?  I haven't signed anything with them yet, the tenant has paid them a deposit.
I don't mind paying for the six month contract as they did find me a tennant  so I think fair is fair but the more i think about it, the more i think they will be lucky if
i Pay anything. Below is part of the agents contract (which i have not signed)  And the wife checked,  and three other agents we tried since May have the same
clause.. Sorry for the caps

"THE LANDLORD WILL BE LIABLE TO PAY RENEWAL COM MISSION FEES (AS STATED IN SECTIONS 2 AND 3 WHICH EVER IS APPLICABLE) EQUAL TO THE INITIAL PERIOD OF THE TENANCY AND ALSO IN RESPECT OF PERIODS AFTER THE END OF THAT INITIAL PERIOD WHERE THE ORIGINAL TENANT INTRODUCED BY ******** ESTATE AGENTS REMAINS IN OCCUPATRON. WHETHER UNDER A NEW AGREEMENT, BY THE INITIAL TERM BEING EXTENDED OR THE TENANT BEING ALLO\/VED TO HOLD-OVER (ALL OF THESE BEING RENEWALS ]. WHERE THERE IS MORE THAN ONE TENANT, RENEWAL COMMISSION WILL BE PAYABLE IN FULL WHERE ANY OF THE TENANTS REMAIN IN OCCUPATION. YOU WILL BE LIABLE TO PAY A RENEWAL COMMISSION: REGARDLESS OF WHETHER ********* ESTATE AGENTS HA\/E BEEN INVOLVED WITH THE SAID RENEWAL OR NOT, IF ANY RENEWAL IS NEGOTIATED BY ANOTHER AGENT AND IF YOU WISH TO RE\/ERT YOUR MANAGE MENT AGREEMENT TO A SELF MANAGEMENT BASIC AT WHICH POINT THE INTRODUCTORY COMMISSION WlLL APPLY, WHICH IS NEGOTIABLE AT OUR DISCRETIONS AND IF RENEGOTIATED THIS FIGURE MUST BE RECEI\/ED IN WRITING FROM ******** ESTATE AGENTS. ALL RENEWAL COMMISSIONS WILL BE CHARGED IN ADVANCE"

If the agent insists on 12 months fee for the six month contract and they wont remove the above, What can they do if I don't sign the contract and the Tenant moves in?  After tall they were lazy and kept giving potential tenants my email to talk to me direct!!  As I say i think its fair that i pay , but if they insist on making things difficult...

Hippogriff

This Agent is trying to lock you into perpetual fees, effectively. Walk away. Walk away quickly. Don't look back.

Jaffa16

All the agents have the same blurb. Is this a london thing  or a dodgy agent thing?

Thanks for the feedback.

Hippogriff

London is a strange place. Lots of Agents will try this... you and I both know it's underhand and self-serving. If I see anything like this in Ts&Cs I cross it out. I only use an Agent for Tenant Find, but I have seen this kind of thing. I think many Agents rely on people not reading the terms of business in any great detail... because there are so many Landlords who need so much help (from the professionals - is that not the biggest laugh) out there and none of them ever think that this is going to go wrong... at the beginning.

Jaffa16

 
That is interesting to me that this is not usual but every local agent to that apartment gas the same blurb. I can not immagine the free holder of the apartment block ever paying more than one fee. I have a feeling its there as a general thing maybe more for full management service.

It will get crossed out. If i contact them again! I have heard nothing from them all week!