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Letting Agents' Terms and Conditions

The_Deep
Posts: 16,830 Forumite
Yesterday I engaged a new letting agent to find me a tenant. They insisted that I signed their terms and condition, three pages of very small print.
Aware of the 2009 judgement in the High Court in the case of The Office of Fair Trading - v - Foxtons, I pointed out to them that many of their T&C had been adjuced to be unfair under the UTCCC Regulations and they replied, "just strike out the ones which you do not like sir", so I did.
Why do these people think that they can run roughshod over the law?
Aware of the 2009 judgement in the High Court in the case of The Office of Fair Trading - v - Foxtons, I pointed out to them that many of their T&C had been adjuced to be unfair under the UTCCC Regulations and they replied, "just strike out the ones which you do not like sir", so I did.
Why do these people think that they can run roughshod over the law?
You never know how far you can go until you go too far.
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Comments
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As far as I have experienced many letting agents try to find any any of adding new charges to generate more cash. They also have a tendency to tweak contract terms and conditions in the Landlord or their own favour.
They count on the fact that most people would not read and realise all the implications of the contracts terms and conditions. Sadly many would not chalenge a contract once signed.
I recently had casue to re-read a short hold tenancy contract I had signed as a tennant. It stated that once the contract fixed term ended I would have to give 2 full months notice should I want to leave, this is not what is dictated in the housing act which states as a tenant you must give 1 full months notice. But I am sure some would have not chalenged it and paid for 2 months.
I have learned that 1) Letting Agents serve the Landlord not the tenant. 2) Never take anything said by a letting agent at face value 3) Read and re-read and research any document you sign. 4) Always put communications in writing 5) Never trust an agent to pass on a message or follow any issues up, you have to phone and phone and push them to complete anything.
I am sure there are some good letting agents out there, but I have never come across one.
J0 -
I'm looking for a templated letter serving notice to my letting agent. Does anyone know where I can find one?0
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I have learned that 1) Letting Agents serve the Landlord not the tenant. 2) Never take anything said by a letting agent at face value 3) Read and re-read and research any document you sign. 4) Always put communications in writing 5) Never trust an agent to pass on a message or follow any issues up, you have to phone and phone and push them to complete anything.
I am sure there are some good letting agents out there, but I have never come across one.
J
Letting agents may be employed by the LL, but many only serve themselves. Other than that, I'd agree with your points.
Do not take it for granted that a LA has passed on your requests to the LL (or has conveyed your communications accurately), and don't rely on them to own up to phone conversations if they screw up. Keep all your requests in writing and keep copies of everything.
Other posters on this forum have commented on the fact that anyone can set up as a LA without any formal qualifications or training. It's debatable how many of them are genuinely shady and how many are just incompetent :rotfl:.0 -
Personally I would go further.
As well as striking out any terms you don't like, you should think hard about what you are expecting them to do for you, and add in clauses specifying in detail what they must do.0 -
LE's make so angry, and much prefer to rent privately where I can.
One of my biggest gripes is the 'contract renegotiation fee' - £120 for changing the date on a word document and hitting print!
I once refused to pay it, and in the end we found somewhere else & I gave them my 2 months notice (2 months was my choice) - they told me I couldn't, and that it had to be one month - when I asked what they would do, they 'threatened' to serve me my notice. When I asked how long that would give me, they went a little quite haha!
Also hate the 12 week 'maintenance visit' they all do!
Oh, and once got charged £10 for not rehanging a shower curtain! (that I'd taken down, washed, folded, and placed over the bath).0
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