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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Can the Estate Agent ask me to sign a fix contract or leave

Resolved Question:

Can the Estate Agent ask me to sign a fix contract or leave after a year of renting?
I want to stay in a rolling contract. As far as I know it is an automatic procedure. I wrote an email to the owner and he is happy with it as well but the Estate Agent says that "they do not do that" without more explanation, forcing us to sign a new fix contract, obviously charging both of us a good sum for that unnecessary service. Is it legal?
The Landlord is abroad therefore he cannot change estate agent.
Submitted: 10 months ago.
Category: Law
Expert:  Ash replied 10 months ago.
Hello my name is ***** ***** I will help you.You are being asked to sign a new contract at the END of the current, term, is that right?How much are they looking to charge for this?Do they say the Landlord wants to do this, or they do this normally?
Customer: replied 10 months ago.
Yes, that is right, they want to sign a new contract at the end of the current term.
They want to charge me £90. I do not know how much are they going to charge to the owner. What annoys me more is the lack of flexibility, not the money.
They say both that they normally do that and that the landlord want to do that. I forward the email of the agency to the landlord and he just replied "Noted".
Expert:  Ash replied 10 months ago.
Its down to the Landlord. You need to get clarification from him/her as you are entitled to continue the agreement on a monthly rolling contract. A new contract just ties you and the Landlord in. But to be fair it gives you security for another term, you dont sign the Landlord can ask you to leave by giving 2 months notice.As to the fee, a case which was recent called Foxtons which said if the fee is unreasonable or unfair could it be subject to challenge. £90 isnt a lot for a tenancy renewal but you need to find out whether the Landlord wants it. If not then it doesnt need to be paid or renewed.Can I clarify anything for you about this today please?Alex
Customer: replied 10 months ago.
If I got it right it is legal if that is what the landlord wants. If the landlord and me wants to stay in a rolling contract but the Estate Agent refuse to do so they would be doing some illegal? Or just "unethical"?
Expert:  Ash replied 10 months ago.
Yes, if the Landlord wants it, that is legal. Its just morally whether they should be charging you.But to ask you sign a new one is totally legal.
Expert:  Ash replied 10 months ago.
Does that clarify?Alex
Customer: replied 10 months ago.
Yes, thank you very much.
Expert:  Ash replied 10 months ago.
Great. Good luck.
Expert:  Ash replied 10 months ago.
Please remember to rate before you go? Alex
Expert:  Ash replied 10 months ago.
.
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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