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View Full Version : Contract resigning fee for tenancy extension, nothing written in old or new contract



rainbowmeg
05-12-2010, 14:14 PM
Can agency claim this?

New contract is a copy of old one with just dates changed, was given a phone call 2 weeks ago asking if I wanted to stay as contract ends on the 17th December, I said yes(as I am happy with property) and was told I would be recontacted again in a few days.

Recieved new contracts Friday including a letter saying there is a £25 resigning fee, the contract itself old or new doesnt mention this fee anywhere and as I am on benefits I cant really afford it without going into my (very small) overdraft and considering I am so short of cash at moment I put heating on for 1 hour a day and freeze rest of day I cannot afford to really pay it!

But can they legally charge it if not on contract?

theartfullodger
05-12-2010, 18:31 PM
Two main points....

a) The contract does not end unless ended (the legal way) by tenant on landlord. If not ended it just rolls on, usually month-by-month.. see the tenancy for what if anything it says on that matter... You do not need, nor does your landlord need, a new contract. However a new contract will give you (some) increased security as, if it is say for 6 months then you are pretty secure for those 6 months... To end your contract (assuming it is a SAT ) then LL needs to serve 3 separate notices, with 2-months notice, by sheriff officer or recorded/signed-for mail

b) But fees for resigning are illegal: Housing Act (Scotland) 1983 Section 27..
&
Rent Act Scotland (1984) Section 82
see
http://www.govanlc.com/illegal-tenancy-charges.htm
&
http://www.legislation.gov.uk/ukpga/1984/58/section/82

Call Shelter Scotland if you need more support- 0808 800 4444 but maybe expect a wait as they are overstretched...


(1)Any person who, as a condition of the grant, renewal or continuance of a protected tenancy, requires, in addition to the rent, the payment of any premium or the making of any loan (whether secured or unsecured) shall be guilty of an offence under this section.
http://www.legislation.gov.uk/ukpga/1988/43/section/27


27 Prohibition of premiums etc. on assured tenancies. S

Sections 82, 83 and 86 to 90 of the M1Rent (Scotland) Act 1984 (which make it an offence to require premiums and advance payment of rent in respect of protected tenancies and make related provision) shall apply in relation to assured tenancies as they apply in relation to protected tenancies (including protected tenancies which are regulated tenancies), but with the following modifications—

(a)section 83(5) shall not apply; and

(b)section 88(1) shall apply as if for the references to 12th August 1971 there were substituted references to the date of commencement of this section.
But many agents think they can charge....

rainbowmeg
13-12-2010, 06:53 AM
The agency gave me notice on day I moved in as a formatlity stating end date of the 17th December.

I am not sure what to do with this, there is joint landlords who I dont think are related, the guy is very friendly and does odd jobs around house like when I had a leak he fixed it and was chatty, but I think the female landlord is a pain, she was moaning the month my rent was a week late due to the card theft I had so I could probably deal with them direct.

Just worried that if I tell them the charges arent allowed they may refuse to extend it.

theartfullodger
13-12-2010, 12:39 PM
The advice I've (I'm a LL..) from Scottish Assco of LL & landlordaccreditationscotland is that to end a tenancy a LL must serve, with minimum of 2 months notice, an NTQ, a S33 notice & an AT6 to end a SaT. A tenancy is not a SaT if you were not served an AT5 before signing the tenancy.
See..
http://scotland.shelter.org.uk/getadvice/advice_topics/eviction/eviction_of_private_tenants/eviction_of_short_assured_tenants/eviction_at_the_end_of_your_tenancy

Service of these notices is only valid if severed by Sheriff's officers or recorded/signed-for mail.

Your tenancy is not about to end in the absence of these..

theartfullodger
13-12-2010, 20:55 PM
/eviction_at_the_end_of_your_tenancy[/url]

Service of these notices is only valid if severed by Sheriff's officers or recorded/signed-for mail.

Should read served....

The law that governs this is
Sheriff Courts (Scotland) Act 1907 ............. (Schedule1, s34.8)

See also...

http://www.edinburgh.gov.uk/info/926/landlords-advice_and_support/438/to_end_a_tenancy