Taking letting agent to court to retrieve 'tenancy renewal' fee

DVardysShadow

Manual_Reversion wrote: »

I don't think it matters too much, but you have mentioned it once before, so I should clarify. It was a 'primary tenancy', which I don't really understand, but struck me as odd right from the outset as the "Landlord", as specified in the AST, was the letting agent itself, despite the fact that they took instructions from the owner of the property. I'm not sure, but it's as if the owner effectively devolved power to the letting agents. I guess, since the letting agent was named as Landlord, the letting agent could evict us, without knowledge of the owner, but that hardly matters since it didn't happen.

There is an arrangement whereby the LA is the tenant of the LL and the actual tenant in residence is a subtenant. This gives the LA virtually total freedom to act as LL.

Manual_Reversion

//UPDATE

We received a letter today from the TDS.

They upheld our complaint about how the deposit dispute was handled and reversed their decision. They refunded the (circa £100) 'tenancy renewal' fee to us, as ex-tenants of the property.

I would like to thank those who posted on this thread, particularly princeofpounds, who essentially showed me how to argue against the TDS in a language that they'd understand.

Although we have succeeded in our case, I expect many tenants are being bullied into paying these unnecessary renewal fees and I would like to do something about it.

So, having got the TDS to reverse their decision, does anyone have any suggestions about who to approach in order to attempt a top-to-bottom change in the way that the agent deals with its' tenants?

The agent is Choices, for what it matters.

Ta.

Ulfar

There is very little you can do to the LA/LL. What you can do is complain to your MP about the TDS administration and their lack of knowledge in applying tenancy law.

In my opinion this represents incompetence as this is what they are being paid to do.

If the administrators for the schemes become competent and the LA/LL out there now it then there will be less abuses.

rentergirl

Where are you based? I am assuming it's England, not Scotland. In Scotland, letting agent fees/key money/'admin costs' are illegal, and Govan Law centre (inter alia) are helping tenants reclaim fees. the LA won't know about the law: they are untrained, and just chanced their arm. They help themselves to your money, and I would agree with the above people who think you have a good case.