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Jamie-Law
Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 14411
Experience:  Solicitor
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I am been renting a property for, I have been renting a

This answer was rated:

I am been renting a property for
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: I have been renting a property on AST. I moved out of the property in June 2019 but continued to pay the rent. I now wish to move back in with a friend sharing the rent but the Letting agent is charging me a letting fee even though the contract was never ended. Is this correct?
JA: Where is the property located?
Customer: In Northwich, Cheshire
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Yes, the next rent was due on 10th October but on the 9th October the letting agent advised that I would require a new tenancy agreement with my friend on it. The new agreement was never email over to me. The letting agent is now telling me that I am late paying the rent on the previous agreement. Even though they advised me not to pay the rent as I would be signing a new agreement on the 9th October ( one day before the rent on the old agreement was due).
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola

Hello my name is Jamie and I will help you. I am just reviewing your question. This is an email service so there may be delays when responding.

What is it you want to know about this today please?

Customer: replied 1 month ago.
Hi Nicola, have you had a chance to read the question I raised?
Customer: replied 1 month ago.
Sorry Jamie, have you had a chance to read the query I raised?

Yes it gave a background thanks.. But doesn't actually ask me a question.

Customer: replied 1 month ago.
If I already have a contract until 2020 and I'm still paying the rent, can the letting agent charge me a letting / marketing fee if I have left the premises temporarily? And can the letting agent draw up a new agreement when the current one isn't up until July 2020? Is it not possible to just add my friend as a co-tenant to the AST? The letting agent advised me not to pay the rent on the 10th because they were sending me a new agreement on the 9th, which they never did. When I chased them again today they advised that I was behind with the rent, which I now have to pay pro rata up till next Friday (18th) when they will provide a new tenancy agreement. They have decided to do a new agreement and have now decided that all previous verbal agreements do not apply, I have to pay a new deposit up front and they will keep my previous deposit in lieu of the letting charges for marketing the property. Is any of this fair under the new legislation (FTA) ?

Are you paying rent during the empty period?

Customer: replied 1 month ago.
Yes, I have been paying the rent since July. I left because of a personal matter and needed to be with family. I continued paying the rent. In my absence the landlord entered the premises and carried out works to the property, unbeknown to me. There was a bad leak from the roof into my bedroom which appears to have been repaired. The condemned gas fire in living room has also now been removed. I was not notified of the works being carried out.

Ok - on what basis, if you are paying rent, are they saying you are liable for any fees?

Customer: replied 1 month ago.
They just said I have to pay it because the Landlord had to market the property Incase I didn't come back but they kept taking the rent.

You are not liable. You are paying rent.

You do not have to pay anything additional whatsoever.

Nothing in contract, nothing in law.

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer, by clicking the button at the top of the screen. I am not paid for my time unless you rate. If you need anything further I am available for a follow up at no extra cost.

Customer: replied 1 month ago.
So I can go back to the letting agent and refuse to pay the letting fee. Which is better for an existing tenant, to add a new tenant to the existing agreement or to start a new tenancy agreement? With the new agreement, I am being asked to pay a full new deposit and again one month's rent in advance. Am I being forced into something unnecessary?
Customer: replied 1 month ago.
And I will give you a good rating

Correct. You are simply not liable for it.

Does that clarify?

Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 14411
Experience: Solicitor
Jamie-Law and 2 other Property Law Specialists are ready to help you
Customer: replied 1 month ago.
Thank you very much.

Pleasure