Do I have to pay for "preparation of documents"?

Liss_2

Hello, I am new on here and would really appreciate some advice please. I was recently accepted as a tenant for a rental property, but before I signed any tenancy agreements I decided to decline the property. I have since received a bill from the letting agent for "preparation of documents". At no point was this fee mentioned before, either verbally or on any paperwork I received from them, soI don't believe I have to pay this. I have been advised to reply saying I don't accept responsibillity for the bill and that I will contact them at my convienience after my appt' with CAB. Is this correct? Sorry for such a long first post!!

poppysarah

Sounds like a way of the company making money out of you.

The are rules on what charges a LA can make - and as you weren't given any T&C then I'd say they were unenforceable.

Jowo_2

Did you complete a tenancy application form which the agency used as a basis to run the tenancy screening (i.e. landlord and employer references, credit reference)? Do you know if they ran a credit check?

poppysarah

reference charges are not "preparation of documents"

photocopying/printing a tenancy and adding a name is a standard office procedure that should take about 5 mins start to finish including switching on pc.

Jowo_2

poppysarah wrote: »

reference charges are not "preparation of documents"

photocopying/printing a tenancy and adding a name is a standard office procedure that should take about 5 mins start to finish including switching on pc.

I was wondering whether in the tenancy application form, there was a charge listed and/or permission given for the agent to run the checks, hence a possible reason for a charge. I wondered how far in the tenancy application process the tenant got.

We both know that photocopy/printing a tenancy and adding a name takes 5 mins and tenants are frequently charged above £75 for this simple task. Not sure what your point is there.

Liss_2

I completed an application form, and that was all I've actually signed. They did send out for and receive my references, and for a credit check I had to give them copies of bank statements with my completed application form. Thought they were just trying it on but wanted to be sure before I started disputing it with them.

Jowo_2

Did you keep a copy of the tenancy application form? It usually asks for the tenant to sign it, in order to give permission for the agent to undertake the checks (probably for data protection act compliance). Don't believe that this form would generally advise of a specific charge for a service but if you've kept a copy, you can check this out.

Liss_2

Jowo wrote: »

I was wondering whether in the tenancy application form, there was a charge listed and/or permission given for the agent to run the checks, hence a possible reason for a charge. I wondered how far in the tenancy application process the tenant got.

We both know that photocopy/printing a tenancy and adding a name takes 5 mins and tenants are frequently charged above £75 for this simple task. Not sure what your point is there.

As far as I can remember, there was no mention on application form of any charges for anything. Both myself and OH read it and we are both sure we would have remembered (application was only for me). As for how far in process I got, I had verbally accepted property but had not payed a deposit or signed anything.

Thanks for such quick replies, can't quite keep up!

No, wish I had kept copy of application form now!

Jowo_2

don't worry. its up to the agency to take you to court if they can be bothered with the time, hassle and expense of doing this and if they believe they can prove that you are liable for this. you might find a quick letter from the CAB disputing this could be the end of this.

By the way, verbal agreements are valid (but usually impossible to prove so fairly worthless in that respect).

princeofpounds

You can only be forced to pay for something where you have contracted to do so, either through an explicit contract or by accepting terms and conditions of business.

If there have genuinely been no mention of this fee then you do not have to pay. They might choose to take you to court but it's up to them to prove to a reasonable balance of probabilities (the civil standard of proof) that you did agree to be charged.

Liss_2

Right, have just re-read documents from LA, and these charges are mentioned on a breakdown of everything I would have to have paid for when I paid deposit (ie, month in advance, deposit and prep' of docs fee). But, it does not say that should I pull out of property I will still be liable for any charges. Sorry for any confusion this has caused, I still think I shouldn't pay this.