letting agency contract fees

jaybravo · 25 April 2007 at 12:16AM

Hi folks

I'm unable to work at the moment so money is tight (same as for everyone else then:rolleyes: ) . I'm moving into a shared house and to claim housing benefit I have to provide a contract to prove that I live at that address and how much rent I pay. The letting agency has provided a contract but they want us three tenants to pay £94 for it. It's not a problem for my housemates and as far as I can tell it's perfectly legal to charge for it, but it sounds like extortion to me. Does anyone have any advice on how I can get around paying the charge? or at least reducing it?

thanks!

PROFESSIONAL_LANDLORD · 25 April 2007 at 12:27AM

Sorry!

don't get it , you must have been given a copy of the lease the agent can't charge for that ?

thesaint · 25 April 2007 at 5:48AM

You should have got a copy of your tenancy agreement when you entered the tenancy, if you didn't how do you know the terms of your tenancy.

The council may have a problem with the tenancy agreement if it has the other tenants names on it.

If you want a seperate letter from your letting agent, they are entitled to charge, but £94 is a bit steep.

jaybravo · 25 April 2007 at 12:37PM

thanks guys, the housing benefit people are fine with a shared tenancy provided the contract specifies how much my share is and what facilities my rent pays for. You would think I'd get some kind of document given to me for agreeing to rent the place but none has been provided. The other people who already live there have never had one either - which seems odd to me... Because I require one, the letting agency have drawn up the contract and given us a bill for it...

scrummy_mummy_2 · 25 April 2007 at 1:36PM

Ooohhh...this sounds, on the surface and from what you have said...V DODGY!...no tenancy agreement drawn up and signed when your tenancy began???? A new agreement, creating a new AST (assured shorthold tenancy) should have been drawn up when you became a tenant.
Are you absolutely sure?
If your description of the issue is accurate, it makes me wonder if this is only the tip of your iceberg as far as your 'problems' may be concerned!....
Have you given your agent a deposit/bond or paid any other fees associated with your tenancy?

By the way...it is usual that 2 copies of the original tenancy agreement would have been signed by all the signatories (If executed properly, the one will all original signatures is called the Original, and is always held by the Tenant, the one (often) with a photocopy of the landlord signature) is called the counterpart and is held by the agent/Landlord...are you sure one of your friends hasn't got the Original?...you wouldn't normally be given 3 copies, one for each of you.

If you what you say is true...currently you don't have a tenancy agreement, thus you are not a tenant thus you won't get H/B.....seems like you have little options other than to pay and get an agreement (of whatever sorts the agent constructs!) or move somewhere managed properly!

thesaint · 25 April 2007 at 4:34PM

scrummy_mummy wrote: »

<snip>

If you what you say is true...currently you don't have a tenancy agreement, thus you are not a tenant thus you won't get H/B.....seems like you have little options other than to pay and get an agreement (of whatever sorts the agent constructs!) or move somewhere managed properly!

The OP is a tenant, the abscence of a tenancy agreement does not change a tenants rights, it actually increases them.

jaybravo, DO NOT pay for the tenancy agreement.

If I were in this situation, I would withold my rent until an agreement were produced. Without an agreement, I would not know when to pay my rent would be my justification.

scrummy_mummy_2 · 25 April 2007 at 5:18PM

thesaint wrote: »

The OP is a tenant, the abscence of a tenancy agreement does not change a tenants rights, it actually increases them.
No it doesn't otherwise no tenant in their right mind would want to sign one!

jaybravo, DO NOT pay for the tenancy agreement.
Jaybravo...do more research before you decide what to do....not sure you have the full picture yet. If I were in this situation, I would withold my rent until an agreement were produced. Without an agreement, I would not know when to pay my rent would be my justification.

See above

For the purposes of the OP situation........the HB won't pay rent just because he says he is being charged it!

Check this out...it might help the OP
http://www.adviceguide.org.uk/index/family_parent/housing/tenancy_agreements.htm

rosysparkle · 25 April 2007 at 5:41PM

Have you actually moved in yet? If not, is the £94 an administration fee for referencing and drawing up the agreement?

However, if you have moved in, the charge is outrageous. You should have been provided with a copy of the agreement that you signed when the tenancy commenced.

We would charge for providing an additional copy of an agreement (but not £94 :eek: ) but you should have been given a copy of your agreement when you signed. We wouldn't charge for a letter to the HB office confirming rent and tenancy dates.

It's no wonder lettings agents get such a bad press on here. But we aren't all the same, honestly!

thesaint · 25 April 2007 at 6:04PM

scrummy_mummy wrote: »

Quote:
Originally Posted by thesaint
The OP is a tenant, the abscence of a tenancy agreement does not change a tenants rights, it actually increases them.
No it doesn't otherwise no tenant in their right mind would want to sign one!

jaybravo, DO NOT pay for the tenancy agreement.
Jaybravo...do more research before you decide what to do....not sure you have the full picture yet. If I were in this situation, I would withold my rent until an agreement were produced. Without an agreement, I would not know when to pay my rent would be my justification.

See above

For the purposes of the OP situation........the HB won't pay rent just because he says he is being charged it!

Check this out...it might help the OP
http://www.adviceguide.org.uk/index/family_parent/housing/tenancy_agreements.htm

scrummy mummy, please, before you advise others to do some research, please do some yourself because you are wrong, incorrect and poorly informed.

real1314 · 25 April 2007 at 6:08PM

Of course it could be an oral agreement, which is perfectly legal, as per the link posted above.

Do you get receipts for your rent payments? You can insist on having a receipt and should not be charged for this. You could then use these to show the council how much your rent is.

rosysparkle · 25 April 2007 at 6:36PM

I'm not sure the tenancy has actually started. Jaybravo, could you clarify this?

letting agency contract fees

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