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Flopsy

Had A Screaming Letting Agent On The Phone Yesterday

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We are approaching an anniverary of our arrival in our current rented flat.

The first year was on an AST and then it lapsed with us signing no further document. We deal direct with the LL and he's a very good LL.

For the past few weeks I've been been left messages/had calls from the original letting agent asking what are intentions are. I have phoned him and explained we have not intention of leaving for a while. I said that we were happy to continue as we are.

Yesterday I got a very rude and hysterical call from the LA. Apparently "he has spoken to the LL" and he wants us to sign another AST. It would be for 1 year with a 6 month break clause.

When we signed our original AST we insisted on a one month notice period on our side. The LA at the time was rude to the point of yelling us at agressivly about this but caved when we stood firm. I thought at that tijme the LA has a psychological or drugs problem as it was bizarre.

I asked yesterday if the AST would be on the same terms (1 months notice) and it had the same effect. He started screaming at me on the phone claiming it was illegal and no way would the AST contain this clause. I need to point out that this is a different LA to the last one at the same firm - must be something in the water there.

I laughed at him and said that I wouldn't discuss this unless he could provide a legal opionion from a lawyer. The LA became very rude then and I had to end the call by asking him to send me a letter with the information on the "LL's requirements."

I sent my LL an email last night to let him know this.

Any advice? I can do without this stress and abuse. Yesterday I had an important hospital appointment and it wasn't a pleasent one.

Edited by Flopsy

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I'm sure someone more knowledgeable will be along but if it were me I would try and do the negotiations through the LL if they are reasonable as you say, then let the LL deal with the nutters in the LA office. :blink:

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Block calls from the LA if you can: if they contact you by phone say politely but firmly that you will only deal with WRITTEN correspondence (plead hearing difficulties if necessary!), and put the phone down. DON'T get into any sort of argument (unless you preface it with the words, "by the way, I am making a recording of this conversation in case I need to use it in legal proceedings") People are very much more wary of what they say in writing, or if they think it's being recorded. http://www.voicecallcentral.co.uk/callcorder.htm records to your PC hard disk

&

http://recordmyphonecall.co.uk/telelog/pag...d_info_home.php is a pay as you go service

The LA is an agent for the landlord; you have no duty of care to them. Complain bitterly to the landlord (preferably in writing); if he can produce evidence that they have been upsetting his tenants it gives him leverage to dump them.

What they want, of course, is a renewal fee, so they will try to force your LL into paying up even if they are screwing up their end.

Edited by cartimandua51

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You don't actually have to give any notice to leave at the end of a fixed term no matter what the AST says, however it would be polite.

One the AST goes periodic, one month is required, corresponding with the end of a rent period. Two months is not enforceable. This is legislated.

Your LA sounds like a real professional. :blink:

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Thank you all for the good advice.

The LL answered my email last night. No, the LA has not been in touch with them and the LL has not given any directions (as per the phone call).

I guess they are desperate.

Someone else from the LA's rang my other-half at work yesterday with the same lies. Looks like they are scared of me now.

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You don't actually have to give any notice to leave at the end of a fixed term no matter what the AST says, however it would be polite.

One the AST goes periodic, one month is required, corresponding with the end of a rent period. Two months is not enforceable. This is legislated.

Your LA sounds like a real professional. :blink:

They are just after the 10% annual rent re-signing fee... if your LL is a good have a chat with them and tell them what you are really planning, if they are happy with that and if they have no intention to sell, continuing on a periodic contract may be ideal for both of you. It will certainly save them money and you get you your one notice period.

Sadly the LA is right about the 6 months, neither party can terminate an AST in the first 6 months except where a court order has been issued for arrears or nuisance...

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Hi there, the one months notice was after the 6 month period. He knew that and was only being difficult. Like when we originally signed the AST. I think you are right about the renewal fee.

I'll hopefully be able to work something out with the LL.

Telometer - can you supply any references to the 2 month not being enforceable? It's not something I've come up against before as I've always insisted on the 1 month being written in the AST.

Thanks again.

Edited by Flopsy

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