Extortionate fee from letting agency for tenancy swap

chewmylegoff

laurajane999 wrote: »

Thank you everyone for your help! I think we will go ahead with the contract and pay the eye watering fee, as it'd be too much hassle to try to find somewhere else to live and we like the house.

However when I move out I shall be writing a few carefully targeted strongly worded letters....

Why don't you pay the fee but attempt to have the new contract altered so any future fee is at a reasonable level. If you do nothing then you have to swallow £350 next time and the time after...

G_M

chewmylegoff wrote: »

Why don't you pay the fee but attempt to have the new contract altered so any future fee is at a reasonable level. If you do nothing then you have to swallow £350 next time and the time after...

it'd be too much hassle

"a few carefully targeted strongly worded letters.... " at some vague point in the future is SOOoo much easier.

geoffky

Grow a pair and stand up and fight because you and everyone reading this knows it is outrageous.. And please name them on here...

Fire_Fox

Charge the outgoing tenant if they are leaving in the middle of the fixed term. technically the tenancy doesn't end until you all move out which clearly is not happening so the outgoing tenant is bound until you sign the new AST.

quique

couldn't agree more. my partner has found her self in this situation, however she has been dumped with a £300 charge an was only looking for a room (£90 admin + £50 ref check).
that someone should have to pick up the cost because someone wants out of their contract early doesn't strike me as a very just solution... but this is London I suppose.

I couldn't agree more that these charges are completely unreasonable. here we are dealing with winkworth who's only official text states:

"Within the tenancy agreement you may also find that extra charges will apply if there is an unexpected change of tenant and also at the time the tenancy is renewed. At the end of the tenancy it's common for the outgoing tenant(s) to be charged for the inventory check-out. Check your tenancy agreement to see if these items are covered."

going on to try to get a look at the initial contract. This may be a way to make money, but it seems pretty dodgy to me, so will take a look at the fair trading act too.

HOWEVER, the impending regular charge £90 (for what petrol ? / not answering the phone / ignoring you once your in the property) + £50 for reference check.. pretty standard(ised). (Though i believe Disclosure and Barring / Criminal Records Bureau check is only £25.. these lettings agents are real pros evidently ! however transparent..) so the regular fees do amount to near enough half of the "swap" charge.. AND getting out of contracts is notoriously difficult. Go try terminate your phone contract ahead of time..

I wonder where section 21 stands on this ? (If you're unsure of what section 21 means - it's basically a clause which renders all tenancies useless. you can be out in two months at any time, if the landlord should so desire.)

ANY THOUGHTS ADVICE HAPPILY RECEIVED.

Guest101

Getting out of contracts depends entirely on how well you reseach contrct law. DFS have told us that we cannot cancel the sofas we have on order...I guess they never heard of the distance selling regulations, the sale of goods act and the consumer credit act - not that i will be cancelling, just the principle of them presuming they're right.

In the same principle, letting agents presume they're right, and others will think they're right. As a big company wouldnt rip you off would they?!

So Quique - why did they want a CRB check?

And what do you men where does s.21 stand on this? Everytime a new tenant joins, as they are jointly and severably liable, they cannot be evicted for 6 months. And s.21 doesnt make tenancies useless, just resign a new agreement for 6/12/whatever months, and your safe for that period.

princeofpounds

If I were you I'd speak to the landlord directly. Let them know the astronomical fee that is being charged. Point out to them that the alternative to not paying the fee is for all of you to move out, with a consequent possible void and likely re-letting fees of their own to pay to the estate agent. If they are bright, they will quickly see in whose interest the fee is being charged.

Often, the LA charging fees for things the LL doesn't even know about is part of the 'game'. LLs shop around for cheap agents, never thinking that the charges that hit the tenant come out of the rental budget also (i.e. this is a lost rent opportunity for the landlord)

Remember that the contract is between you and the LL. Between yourselves you can easily assign the tenancy agreement to different names. The LA does not need to be involved at all. You could even offer the LL half the money for this option ;-)