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John Knox
John Knox, Solicitor
Category: UK Law
Satisfied Customers: 1155
Experience:  Solicitor and Advocate
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Hi John, I have received another Claim form for renewal

This answer was rated:

Hi John,

I have received another Claim form for renewal fees, this time for £1010.40
(including the agents' court costs) for the period 20/12/12 - 19/12/2013.
I wrote to the agents in November and terminated the contract between myself and them. The agents say I still have to pay their fee whilst their tenant is in occupation. The only recourse I have is to give the tenant notice, which I am now doing. The tenant will leave on 5th May, unfortunately. Can I now ask for the claim form, issued on 27th Feb to be amended - will I still need to go to court regarding these renewal fees?
Thanks

John Knox :

Hi Lauren

John Knox :

Can you remind me please of the wording of the renewal clause? That will determine whether you are entitled to a reduction to take of account of the fact that the tenancy will end some considerable time before December this year.

Customer:

Hi John,

Customer:

There are two clauses relating to renewal but I will not quote clause 2.3 Renewal Service because the District J last year stated this did not apply - there had been no service. CCJ last cicvc

Customer:

So Cl 3.3 - Renewal fees

Customer:

If the existing Tenant extends or renews the Tenancy after the first year, whether or not negotiated by Christopher Stokes, our renewal fee is the same as percentage charged of the total gross rent reserved under the initial letting payable under the terms of the extension or renewal Agreement, will become payable at the commencement of of the extenson or renewal. Commission will be charged in respect of renewals or new agreements where the original Tenant remains in occupation or where teh Tenant is any person, company or organisation associated or connected directly or indirectly with the original Landlord, then commison shall be likewise be payable. atostdnd

Customer:

The commissionis payable for any Tenant introduced by Christopher Stokes whether or not the Tenancy is finalised by Christopher Stokes and the commission fee is charged as a percentage of the market rental value of the term granted by the Tenancy.

Customer:

That's it. I haven't renewed the tenants contract this year and she continues on a periodic tenancy, rent is still £1100rd

Customer:

per month. Thanks

Lauren

You should argue that the total payable under the extension will not amount to the same as that under the initial term and that therefore, as the commission is charged as a percentage, it should be reduced to reflect the fact that the term will expire in May.

I would expect you to be able to negotiate this with the agent, since you will be able to show that you have given the tenant notice to quit. They should agree it out of Court.

Let me know how you get in with trying to negotiate with them.

Best wishes
John
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