Letting agency rip-off

Giuseppe_2

I am renting a small flat from a letting agency. A short time ago I received a letter from them stating that I hadn't paid my first rent instalment on time (which was a standing order arrangement) and would be levied a £40 charge.

It turned out that my standing order had never been sent to the bank, which they were supposed take responsibility for (they have their own purpose-made forms which they use presumably for their own records). I complained to them and they responded that it is was my fault for not noticing the SO hadn't been set up. I paid the rent immediately by card and they gave me a new one of their SO forms, which I insisted on taking to the bank in person.

To make things worse they charged me a £90 administration fee at the start of the tenancy, which presumably covers things like this.

Can they really do this? ie not bother sending the standing order agreement to the bank hoping the tenant doesn't notice and then charging a late payment fee which is written into the contract.

I haven't yet paid the fee. Who could I complain to / seek advice from on this?

The agency looks very professional from the outside with smart offices, people and website, but since I've lived there I've noticed it has a rather dubious reputation.

I'd be grateful for anyone's advice.

Guy_Montag

Try the NAEA

Rick62

That is ridiculous, how can they charge you for their failure to submit the SO? And how are you meant to 'spot it'? I would start by writing to them.

Aldeney

Sorry to hear that you are having LA problems. The same thing happened to me & my oh. Luckily we noticed before our rent was due but when we pointed out their error they still left it to us to sort out. I'm afraid I don't know the legal ins & outs of not paying the fee but have had some experience of complaining to letting agents about their service & find it best to try & resolve it internally first & then if you get no joy find out if they are a member of ARLA or the NAEA & then take your complaint to them. I hope you get things resolved to your satisfaction.

Giuseppe_2

Thanks for your thoughts people. All my correspondence with them has so far been by phone but I'll put it into writing and if that brings no success I'll contact the NAEA.

Generali

Estate Agencies are regulated by the OFT. If you want to put in a formal complaint (which I recomend that you do) you can start by emailing enquiries@oft.gov.uk or calling 020 7211 8000. Otherwise yuor local trading standards look after this too.

Do not let them get away with it!

abaxas

Dont forget to send them the letter showing your costs too.

Eg £50 per hour to let them have access to property. £20pm charge for paying rent by standing order.

You'll enjoy a nice quiet tennancy however I doubt you'll get it renewed :P

rosysparkle

Did they admit that they didn't sent the SO form to the bank?

irnbru_2

Giuseppe wrote:

I haven't yet paid the fee.

If the fee is taken e.g. from your deposit, you can raise a small claims court action to recover it.

olly300

Make sure you have a written record of every mistake they try and charge you for.

So either make sure they have written to you about it or write to them (keeping a copy of for your records) saying how disgusted you are about what happened, who told you, the date you were told and what you want them to do if appropriate.

Then if they muck you around with your deposit at the end of your tenancy you have written proof to take them to the small claims and win with ease.

Giuseppe_2

Thanks everyone! The agency firstly tried to blame the bank for this and suggested that I try to get the bank to pay the fee. Even though I have now confirmed that it was not the bank's fault they still won't openly admit it was theirs. I think they are trying to hold out to take it out of my deposit, which I will not allow to happen.