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Is my letting agent trying to fleece me?
markmcalear
Posts: 54 Forumite
I recently (6 months ago) relocated from the north to the midlands due to my ex moving down here with our kids.
I rented a house for myself. A few months later the ex and I got back together and she and the kids moved in with me. When the letting agent come out to do an inspection they quizzed her about our relationship status, she told them she had been living with me for a couple of months now.
Today I recieved a letter in the post from the agent informing me that my partner would need to be referenced and added to the tenancy. I called them up and explained that she wasnt working at the moment and that I pay all the rent in full and on time but they insisted. I asked if I would be charged for this (I paid £150 + vat for referencing and admin fees prior to moving in), naturally the answer was "yes of course we will charge you for it".
They constantly told me that if I didnt do it then we would be in breach of contract. Apparently any adult living in a rented property HAS to be named on the tenancy and has to be referenced and credit checked prior to this as "its the law".
I told them I thought it was unreasonable to charge me as I have paid the rent on time every month for the last 6 months (£800 per month) but they kept telling me "its the law and theres nothing we can do about it" and "if she doesnt come in and sort it out then you will be in breach of your contract".
Where do I stand?? I feel that they just want to get £150 out of me for nothing. Also as our new relationship is still in the early stages, if things didnt work out and she moved back to her parents house in a month or two then I would have paid this money for nothing and they would then want another admin fee to change the tenancy back into just my name.
Any help or advice would be much appreciated.
Thanks
I rented a house for myself. A few months later the ex and I got back together and she and the kids moved in with me. When the letting agent come out to do an inspection they quizzed her about our relationship status, she told them she had been living with me for a couple of months now.
Today I recieved a letter in the post from the agent informing me that my partner would need to be referenced and added to the tenancy. I called them up and explained that she wasnt working at the moment and that I pay all the rent in full and on time but they insisted. I asked if I would be charged for this (I paid £150 + vat for referencing and admin fees prior to moving in), naturally the answer was "yes of course we will charge you for it".
They constantly told me that if I didnt do it then we would be in breach of contract. Apparently any adult living in a rented property HAS to be named on the tenancy and has to be referenced and credit checked prior to this as "its the law".
I told them I thought it was unreasonable to charge me as I have paid the rent on time every month for the last 6 months (£800 per month) but they kept telling me "its the law and theres nothing we can do about it" and "if she doesnt come in and sort it out then you will be in breach of your contract".
Where do I stand?? I feel that they just want to get £150 out of me for nothing. Also as our new relationship is still in the early stages, if things didnt work out and she moved back to her parents house in a month or two then I would have paid this money for nothing and they would then want another admin fee to change the tenancy back into just my name.
Any help or advice would be much appreciated.
Thanks
0
Comments
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Do you have contact with the landlord?
It IS reasonable to want her name added to the tenancy - she's living there. However there's no real need that I can see for vetting her except that the agent can charge fees for this.
I guess a reasonable arguemnet might be that it's important to see if she has a history of CCJs/bankruptcy, but £15 would cover that search.
The LL may well be happy simply to add her name to the tenancy.0 -
It's absolutely not "the law", except in this LAs deluded little world.
The LL has a right to know who will be living in the property but your partner could simply be a "permitted occupier": this however means that she would have fewer rights than as a fully signed up tenant.
What they want is (a) more money from spurious fees (obviously) and (b) another T with joint and several liability for the full rental payments.
Are you still within your original Fixed Term or has the tenancy become a Statutory Periodic Agreement, running from month to month?
If you don't have the LLs contact info you can download it from the Land registry for a 4 quid fee and try talking direct to him/her0 -
No, it's not the "the law"! it might suit the agent and it might suit the landlord but it ain't the law. Ask them to quote you which particular legislation this law is covered by.
However, being a !!!!!! could get you a Section 21 Notice once your fixed-term expires. Depends on how easy you think it's going to be to have to find somewhere else.0 -
There is good reason for her to be added to the tenancy. For your peace of mind it makes sense for her to have a legal right to reside at the property.
Also, once she is added to the tenancy she would be equally responsible for the rent and the agent must ensure that if your were to leave the property and leave her living there alone, she will pay the rent. Therefore a credit check and references are required to check her history of paying rent (and other bills etc) and of looking after properties if she has rented before.
You may feel £150 is an unreasonable amount to pay for these checks but it is what you agreed before you moved in, although you may be able to haggle with the agent if you are on good terms with them.0 -
I am still in my original 12 month tenancy. I have read it through and it says that myself and my immediate family are permitted to live here. Surely my partner and my children are classed as that??
The agent in question is ******** ******* in Solihull. I have just read a lot of horror stories about them. I think its safe to say that all they are interested in is getting as much money as possible out of people. Beyond that they dont want to know...
The landlords address is on the tenancy, its about a mile away from here and I believe her kids go to the same school as mine. Would it be acceptable to call round tomorrow to speak to her? I have a feeling the agent will call her and claim that I was the one being rude and unreasonable even though I only raised my voice as I couldnt get a word in edgeways and then she accused me of not letting her speak and hung up on me!!!!!0 -
I would not call round. Unless you already know her.
An unknown tenant turning up on my doorstep if I was using an agency to manage my property would not be welcome.
But a phone call and request to meet at a mutually convenient time - that is different.
Or a 'chance meeting' when picking the kids up a t school perhaps.0 -
She would have a legal right as a permitted occupier ( albeit more limited).There is good reason for her to be added to the tenancy. For your peace of mind it makes sense for her to have a legal right to reside at the property.
Ts often have little choice but to pay the fees as in many areas LAs effectively act as a cartel on the issue. The true cost of a third party credit check is between 15 and 50 quid approx, depending on how in depth it is.You may feel £150 is an unreasonable amount to pay for these checks but it is what you agreed before you moved in, although you may be able to haggle with the agent if you are on good terms with them.0 -
I would not call round. Unless you already know her.
An unknown tenant turning up on my doorstep if I was using an agency to manage my property would not be welcome.
But a phone call and request to meet at a mutually convenient time - that is different.
Or a 'chance meeting' when picking the kids up a t school perhaps.
Sadly I have never met her or seen her kids. A taxi driver told my missus that he knew the landlady and that she used to get a cab to school every day with the kids0 -
OP - you may want to reconsider posting up the LA's name.0
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