Private rental now to be managed by Letting Agency. Couple of questions

[Kjun]

Hi guys,


Wonder if you can help with a couple of questions I have regarding our housing situation.


We have been renting the same property since 2002 via a private landlord and rent payments were made direct to them as well as arrangements for any issues that arose with the property.


During this time the rent has remained the same so no increases as our relationship with them was very good.




Sadly due to ill health they have now instructed a Letting Agent to manage the property as they do for others they own (ours stayed a private arrangement up till now) and I'm a little unsure what to expect having never dealt with one before.


The rent having not been increased in over 13 years will now clearly be under market averages (probably by around £150) so I guess my question is can the agency increase it by a large amount with immediate effect?


The tenancy was an AST to start but reading around this would have changed to periodic if I am correct so what does this mean and are there any differences?


Also I know agencies charge for things like tenancy renewals would we need a new agreement under these circumstances or if they increased the rent?


They has also asked if the deposit was protected however our tenancy was prior to this requirement and was not but would they do this now retrospectively and provide us details of this?

Finally are we obligated to provide the agency a spare key as I am aware they have allowed access by tradesman to my neighbours property with no notification (they manage this property too) and while he was at work one day and in bed when they turned up another time!!


Thanks in advance

[Ripped-Off]

Re: Private rental now to be managed by Letting Agency. Couple of questions

my question is can the agency increase it by a large amount with immediate effect?

Does you lease contain a rent review clause? If so what does it say? Have a gander through the Rents Act 1977, see if that helps.

A rent review clause should clearly state:

1. the date at which the rent is to be reviewed
2. the machinery for setting the review in motion
3. the formula for determining value
4. the machinery for settling disputes.

The tenancy was an AST to start but reading around this would have changed to periodic if I am correct so what does this mean and are there any differences?

"If a fixed term tenancy is determined otherwise than by order of the court or by a surrender or other action on the part of the tenant, then a statutory periodic tenancy arises which entitles the tenant to remain in possession. A statutory periodic tenancy will therefore arise on the expiry of a tenancy by effluxion of time or on the exercise by the landlord of a break clause.The terms of the periodic tenancy are broadly the same as the terms of the fixed term tenancy, and the periods of the tenancy are the periods for which the rent was last payable. However, terms which permit the landlord to determine the tenancy are ineffective." (Source - Woodfall: Landlord and Tenant)

Also I know agencies charge for things like tenancy renewals would we need a new agreement under these circumstances or if they increased the rent?

What does the lease say?

They has also asked if the deposit was protected however our tenancy was prior to this requirement and was not but would they do this now retrospectively and provide us details of this?

Deposit schemes are dealt with at section 212-215 of the Housing Act 2004. I have not read it in any detail but I would have expected your deposit to be subject to those provisions when the Act came into force.

Finally are we obligated to provide the agency a spare key

I would say not, but again what does your lease say? Technically, whilst you are the tenant, that is your home and anyone who steps foot inside it without your permission (even the landlord) is trespassing.

[leclerc]

Re: Private rental now to be managed by Letting Agency. Couple of questions

A few years ago this happened to me in a house I lived in. Basically a church managed it all in house and then contracted it out to a letting agency. I just had a look back at how they took over the property.
The new letting agency in my case served us with Notice Requiring Possession which meant that it ended our tenancy two months later which was a rolling AST. They then offered a new contract which then set out the fact that we had to pay them money for the new contract, as you do with letting agencies. They did not do an inventory since at least two of us had been there for more than 5 years and doing one at that point would have been pretty obsolete. We did have our deposit protected so that might be something that the agency might do.
They did 3 monthly inspections of the rooms(as it was a shared house but separate rooms). You might get an inspection but in the house I currently reside in(who are a lot bigger than the example I am giving), the letting agency have basically done one check and we've never seen them since.

In terms of what you have said above in regards to the spare key issue. The landlord should already have a key especially if he has to sort out minor issues when they arrive. They do need to provide you with notice of any work being done and they cannot simply come into the property without it.

I hope things work out for you and my experience was that I hated having to pay more money for them to change and name and a date. I still hate paying renewal fees today as they are a complete scam.