I have a property in London (out of my normal area) and, through my son, who appointed the agents on my behalf, let my ground floor apartment. They secured a tenant (after about 6 months messing about with lots of excuses and we had to work hard chasing them up ongoingly) and now that his term has come to an end (1 yr) they have started to ring him to see if he wants to stay longer. When I went through all the paperwork they had sent me with his tenancy agreement, I found a document, unopened and unsigned by either party, stating that after a yr they intend to charge me 7% if he stays, of the rental. I did not know of this. My son said it was not mentioned to him. It has not been pointed out in any other correspondence.
I have read the article in the Landlords & to let Mag regarding a similar case via OFT & Foxtons, and wanted to know the current position that I find myself in. The tenant says he would like to stay longer. I understand from the article I can refuse to pay because the small print (in fact it was never mentioned, never mind small print) and allow they to take me to court if.... I also understand that the courts are unwilling to rule until the hearing has concluded. My son is understandable very upset as he feels responsible, however I do feel that it is up to the agent to prove he has told us of his company's policy, rather than just tuck it inbetween various other documents.
Your help and comments, please. Do I stand firm?