Can I claim the admin fees I paid an estate agents back?

shibiddy

I moved into a studio flat in London which was for single professionals. I asked the agent if its OK if my partner stays nights and the way he replied was "yeaahhh that's fine that won't be a problem' so from this i presumed they were not too concerned about who stays or goes.

So my partner has some issues with his current landlord and decides to stay with me. What i didn't know was my landlords son lived above and saw this and complained to the agents. On top of that he complained about me being pregnant.

I get a call from agents and hes somewhat intimidating saying they never gave me permission for my partner to come and stay and that because im pregnant they will not extend my contract after the minimum tenancy.

So I told him OK i will find somewhere to go and i gave him a month notice as he said he will return my deposit if i find someone to take the flat so I did.

He issued me a refund a deposit minus a £50 booking out fee and I was not refunded the £200 admin fees.

Can I claim those back?

bris

Staying the odd night is not the same as moving in. I think that is pretty obvious it's what you were referring to and how they took it at the time.


You have undoubtedly broke the terms of the lease so getting the fees back will be a no go.

agrinnall

You haven't given any dates but my reading of your situation is that you are still in the fixed term of your tenancy and have decided to leave before the end of that term, your LL has agreed to let you leave but has charged you £50 and not refunded £200 of fees. Given that he could have charged you the full rent to the end of the tenancy that sounds like a bargain so I'd keep quiet and move on.

NeilCr

Some info here on what admin fees cover

https://www.citizensadvice.org.uk/housing/renting-a-home/renting-from-a-letting-agency-overview/

Given the sort of thing described - preparing tenancy agreement, etc I'd be surprised if you could get them back -as, to an extent anyway, they are covering the agents costs in getting the agreement set up.

shibiddy

agrinnall wrote: »

You haven't given any dates but my reading of your situation is that you are still in the fixed term of your tenancy and have decided to leave before the end of that term, your LL has agreed to let you leave but has charged you £50 and not refunded £200 of fees. Given that he could have charged you the full rent to the end of the tenancy that sounds like a bargain so I'd keep quiet and move on.

yes i stayed only one month out of the 6 months min tenancy

unholyangel

Do you actually have it in writing that they wont extend your tenancy because you are pregnant? If so, I believe thats a clear case of discrimination.


If you were in scotland I'd advise you to contact Shelter Scotland. There is a shelter england but not sure if they offer the same level of assistant SS do, might be worth a try: http://england.shelter.org.uk/get_advice

Failing that, head over to the house buying/renting/selling board (or pm a board guide and ask them to move this thread) as you'll get more informed answers over there and theres quite a few clued up posters there.

Shelter England also say the following:

The law says that tenancy agreements must not contain any unfair terms. A term is unfair if it takes away a legal right you would otherwise have had. Examples of unfair terms could include:

the landlord can use a 'break clause' to end the tenancy early, but you can't
that you have to pay for, or arrange, structural repairs - these are the landlord's responsibility
unpaid rent will carry interest at 15 per cent per annum
you're not allowed to have guests overnight
that your landlord can come round whenever they want, without giving notice

marcarm

unholyangel wrote: »

Do you actually have it in writing that they wont extend your tenancy because you are pregnant? If so, I believe thats a clear case of discrimination.


If you were in scotland I'd advise you to contact Shelter Scotland. There is a shelter england but not sure if they offer the same level of assistant SS do, might be worth a try: http://england.shelter.org.uk/get_advice

Failing that, head over to the house buying/renting/selling board (or pm a board guide and ask them to move this thread) as you'll get more informed answers over there and theres quite a few clued up posters there.

Shelter England also say the following:

The op makes it sound as though their partner has moved in though, which is a lot different than having a guest overnight.

Edit, was meant to quote the Shelter quote above.

But I do believe you'd struggle to get the admin fees back as they are to set up the tenancy, as it is you who is needing to break the contract, you wouldn't expect them back at the end of the 6 months so why now? But IANAL so take my advice with the care required.

Also, they don't have to extend the contract, at the end of the term it goes to a periodic tenancy. Only a court of tenant can end a tenancy, but be prepared to be evicted using legal means however long that may take.

Ricardo1980

unholyangel wrote: »

Do you actually have it in writing that they wont extend your tenancy because you are pregnant? If so, I believe thats a clear case of discrimination.


If you were in scotland I'd advise you to contact Shelter Scotland. There is a shelter england but not sure if they offer the same level of assistant SS do, might be worth a try: http://england.shelter.org.uk/get_advice

Failing that, head over to the house buying/renting/selling board (or pm a board guide and ask them to move this thread) as you'll get more informed answers over there and theres quite a few clued up posters there.

Shelter England also say the following:

Regarding the pregnant issue, that is the reason I would recommend to record automatically all your calls by phone, to prove that kind of discriminations in court, and if you are one of the parties, it is completely legal. (Very easy to do in Android, a bit more complex in the iPhone, but also possible, check that).

Regarding unfair terms, I have a better story...
I asked my agency I was going to have a guest one weekend (2 or 3 days) and wanted a copy of the keys. The answered that that was impossible and any person in the flat staying any night had to send a picture with all his/her personal data to the agency. Evidently I ignored them and after one week I was called by them saying they wanted a periodic visit of the flat. I let them to come (I have nothing to hide) and at the moment I don't know anything from them.
It seems to me the like to (try to) intimidate people and they don't know laws.

Hintza

unholyangel wrote: »

Do you actually have it in writing that they wont extend your tenancy because you are pregnant? If so, I believe thats a clear case of discrimination.

Why? The OP says the rental was for "single professional people". Having your boyfriend move in and then having a baby means you are not single.

It is an inferred term of the contract.

shibiddy

I do have the call saved in my voicemail of the agent stating he will not be continuing my tenancy contract due to me being pregnant

with regards to my partner he was coming after work and leaving early in the morning most days. he wasnt staying throughout the day just sleeping overnight

takman

shibiddy wrote: »

I do have the call saved in my voicemail of the agent stating he will not be continuing my tenancy contract due to me being pregnant

with regards to my partner he was coming after work and leaving early in the morning most days. he wasnt staying throughout the day just sleeping overnight

If he sleeps there for more than 3 nights a week then he is living there!. I sleep in my house at night and then leave in the morning for work and come back after. Does that mean I don't live there?, if I don't live at my house where do I live? At work? :rotfl: .

But considering that the tenancy was for a single person. You have a boyfriend and are pregnant so definetly not single!. So I can't see a problem with them not wanting to extend the tenancy.