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Letting agent charging for deposit protection

24

Comments

  • badm88n wrote: »
    Hi,
    What I DO OBJECT TO however is the letting agent asking that I pay $45 to cover deposit protection insurance :(


    Having gone back and looked at my original tenancy agreement I can see that they charged me £42 for the privilege of protecting my deposit. Not sure I can go back and claim this, but if it was illegal for them to do so I may try.

    Your original post sounded to me like they'd already charged you £42 to protect the deposit at the start of your tenancy and now they want to charge you another £45 for a new agreement at the higher rent. Is this not correct?

    In any case there's nothing in law to say that should a LL decide to use the insurance-backed scheme they cannot pass the charges onto their tenant.
  • robpw2
    robpw2 Posts: 14,044 Forumite
    Part of the Furniture Combo Breaker
    badm88n wrote: »
    See my original reply to N79, I did not sign such an agreement.

    It's the principal of having to paying for something the landlord/agent should be paying for. As I see it I gave them my deposit and THEY have to protect it, I don't care how so long as I don't have to pay.
    contracts can be formed through conduct and as you have paid it before then it is reasonable to expect you to pay it again


    Slimming world start 28/01/2012 starting weight 21st 2.5lb current weight 17st 9-total loss 3st 7.5lb
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  • badm88n
    badm88n Posts: 45 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    I think the best way to get around this would be to have my tenancy agreement switched to a periodic. That way there is no contract renewal at the end of 12 months and therefore no need to reprotect the tenancy deposit, hence no charge to me.

    Will see the letting agent on the weekend.

    Thanks for all your thoughts.
  • robpw2 wrote: »
    contracts can be formed through conduct and as you have paid it before then it is reasonable to expect you to pay it again

    I don't think having paid it once before is sufficient to contractually oblige you to pay it in the future.
  • If the landlord wants or needs the comfort of knowing they will have a tenant in situ for a full 12 months at the new rent and you make it clear that you'd rather go onto a periodic tenancy they may be minded to tell the agent to issue you with a Section 21 Notice by return. It all depends on how inconvenient being given two month's notice will be for you.
  • badm88n wrote: »
    I think the best way to get around this would be to have my tenancy agreement switched to a periodic. That way there is no contract renewal at the end of 12 months and therefore no need to reprotect the tenancy deposit, hence no charge to me.

    Will see the letting agent on the weekend.

    Thanks for all your thoughts.

    And you will go onto a periodic tenancy automatically if you do not sign a new contract so no need to pay admin fees to the Agent. Why are you accepting a monthly increase in rent?
  • N79
    N79 Posts: 2,615 Forumite
    badm88n wrote: »
    It is not set out in my tenancy agreement (sorry if it read like that), it was one of the costs listed on the original invoice together with first months rent in advance, admin fee, desposit etc. My tenancy agreement only states there is a £25 charge for renewal which I am not arguing.

    I misunderstood your OP. In which case, sign the new agreement, pay the GBP25 and don't pay the GBP47. There will be nothing they can do about it.

    If they refuse the new tenancy until you pay then your choice is periodic or to pay.
  • badm88n
    badm88n Posts: 45 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    If the landlord wants or needs the comfort of knowing they will have a tenant in situ for a full 12 months

    As we were looking to buy a house (still looking) I had them write into the original tenancy a clause saying "after the first six months of the fixed tenancy the tenant may terminate the tenancy with one months notice".

    My landlord knew from the start we may not be there 12 months and was not phased by that. He is actually a nice guy.

    I think the periodic tenancy is the way forward.
  • badm88n
    badm88n Posts: 45 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Why are you accepting a monthly increase in rent?

    At the time we signed the original tenancy agreement we got a good deal on the rent. Even with the £25 increase it is still reasonable for what we are getting.
  • You don't need to sign or pay anything to go on to a periodic tenancy. It just happens.

    When does the tenancy end? Have you been served at any time a section 21 notice requiring possession at the end?
    ...much enquiry having been made concerning a gentleman, who had quitted a company where Johnson was, and no information being obtained; at last Johnson observed, that 'he did not care to speak ill of any man behind his back, but he believed the gentleman was an attorney'.
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