UK Landlord Forum / Life

Hello,I would need some help with my actual situation. Right now I've an agreement with an agency which is finishing at the end of July, I've told the agency that I want to renew or do a new agreement for another 12 or 6 months (after 1st June) and they are asking me for 500 to amend the agreement but the thing is that i'm not amending anything because i'm just waiting to that agreement to finish so i can do the new one (or renew) with another person. So my question is, can they charge me 500 "to amend" the agreement or not considering that it will be something new or a renewal with another person? Do they have to apply the new law?  Because i understood that if you change something after new law they just can charge you 50. Anyways I want to know exactly what law its supposed to apply to my situation.

I also read this in their own website: https://www.martinco.com/news/tenant-fees-ban-how-it-could-affect-you-8269?fbclid=IwAR30WDhR-FTcewOl-tfjfno8WDt-m_G2ZMrDQEqH8r-dgE5CYenlgLVg_As

Thanks!!!

Are you the landlord or the tenant?

Im the tenant

That's clearly a prohibited fee. They're not allowed to charge you anything.

What should I do then they keep saying that they can charge for that and as you can see in their own page they say that if you renew after 1at June it applies new law..

I would understand if I want to change now the name of someone that they charge me that money as it was the old law but I'll let this agreement finish to do a new one with the new person .. so I'm not sure

I don't know why you say "new person" or "another person". Your landlord doesn't change?

Quote from: soorayabueno on June 03, 2019, 08:00:38 PM
What should I do then

Send them a link to their own company's webpage?

When I say new person I mean that I'll renew the contract with a new flatmate as the one in the old contract is leaving so they want to charge me those 500£ to change those names thing that I would understand it I want to change them now but if I wait until that agreement finishes and I renew or do a new agreement with the new flatmate the new law has to apply so they cannot charge me or if they do it has to be just 50£ as the new law says. That's why I have understood but I'm not sure

They can't charge you anything for a new tenancy (i.e. "renewal"), not even £50.

Let's see what they say on Wednesday when I go to speak to them ..

You would hope they would say exactly the same as what 'they've' said on their webpage.

It's very clear-cut... no discussion.

Do you understand same as me that renewals or new tenancies after 1st June there's no charge? Even if the first agreement is before that date? That's what I'm not sure by it's supposed to isn't it ?

A "renewal" is a new tenancy. And if the tenancy agreement for that tenancy was entered into on or after 1 June 2019, then Tenant Fees Act applies. There's no possible debate on that point.

So yes, if you are asking for a tenancy with a new flatmate to start after the current one is over, they can't charge you the fee they're talking about.

I just called them and they said again there's an amendment fee of 500£ because it's not a new tenancy it's a renewal and if I want to change a person I have to pay this. Buts that not what they say in their website I told them that as well but keep saying I have to pay that money or leave the apartment

I mean the first agreement was before 1at June but it finished end of July so the renewal for that will be after 1at june

A renewal is a new tenancy. Make a formal complaint to their company, and then make a formal complaint to the Redress Scheme that they're a member of. Maybe give Shelter a call if you want some extra backing.

I will go tomorrow to the agency with printed documents to proof them that's ilegal and I'll ask them as well for any document we're it says that I've to pay that, I'll try to call citizen advise but it's always busy and I also tried to call shelter but same.. but I want any other legal document to proof they can't

At the end of the day, they're not allowed to charge you the fee whether you may agree to pay it or not, but at the same time the landlord does not have to agree to grant you a new tenancy.

I wonder whether the landlord knows what they're doing.

Is the agency allowed to give me the landlord details to contact with him?

Any lettings agency is required to give you the landlord's name and address if you ask (Landlord and Tenant Act 1985, §1) -- but that's not the right approach in this case.  Contact the Property Ombudsman and tell them Martin & Co. are trying to charge you an unlawful fee.

Hello,
I went to the agency today and they say that because our contract was signed before 1st June they can still charge us 500£ for amendment even if they apply the new law. Apparently they say that there's something written in the new law saying that they can still charge you for that even if they apply the new law as the first agreement was before but I haven't seen that part of the law. Do you have any idea about what are they saying?

Quote from: soorayabueno on June 05, 2019, 06:50:25 PM
Do you have any idea about what are they saying?

Yeah, bullshit.

Just complain to the Redress Scheme they're a member of already.

What's the  redress scheme?
I told them that I want documents where it says that and also an appointment with the director of the agency to make him explain me that

As letting agent, they're required to be a member of a Redress Scheme. Which one they're a member of will clearly be on their website. (Hint: the answer's already been mentioned on this thread.)

Is it the property ombudsman? Should I call them and explain my situation? Sorry I'm not from that country and I don't know how all this works

You are going to have to check a few things, by doing your own research... like which Redress Scheme Martin & Co. are a member of... but I don't think you can jump straight to that, you need to follow their Complaints Procedure... which will involve making a formal complaint, letting them work through it, then an escalation (I'd imagine) to a Director or something and, then and only then, can you approach the Redress Scheme. You can't just short-circuit to them AFAIK.

This is all easy enough to do... you just need to start... but if you get satisfaction in the meeting you're planning in the meantime, mention you plan to go this way, then all will be good.

Actually, they have Live Chat and I just opened up a discussion with a Megan and she told me all the answers... why can't other people do this themselves? I'm not sharing what I have learned. I'm tired of spoon-feeding people today. BTW... it took her a while to get the answer and she first told me it was ARLA Propertymark(!) (and, in the meantime, I'd easily found it myself on their Complaints page)... but they know, they can tell you, you can find it out yourself... she got the correct answer in the end.

I once bought a property from a bloke called Mark.

The Live Chat facility has this "bing-bing-biiiiing" noise every time she types something.