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£180 agents fee - whats the rules
wendb69
Posts: 276 Forumite
My daughter met with an agent last Thursday and confirmed that she wanted to move in on or after the 1st June.
The agent then asked her for £180.00 for fees which she has now paid. Is this legal if she is moving in after 1st June (with the new no fees coming in to place), or can they charge that before the rules are in place. Have had 2 conflicting answers so far.
The other thing is, when we contacted them today we said have you started the ball rolling, and they said they thought they had, but they hadnt. We had to chase for referencing paperwork. Thats all they have done so far. Can we justify asking for fee back?
The agent then asked her for £180.00 for fees which she has now paid. Is this legal if she is moving in after 1st June (with the new no fees coming in to place), or can they charge that before the rules are in place. Have had 2 conflicting answers so far.
The other thing is, when we contacted them today we said have you started the ball rolling, and they said they thought they had, but they hadnt. We had to chase for referencing paperwork. Thats all they have done so far. Can we justify asking for fee back?
Regards
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Comments
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Simple answer is yes the charge is valid if work is done to prepare for the tenancy before 1st june.
If your daughter approaches an agent after 1st june she will pay no charges but the fact is they are undertaking setting up the tenancy for her before 1st june,so charges can apply to herin S 38 T 2 F 50
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At the moment it is perfectly legal as she has entered in to an agreement to let prior to the 1st June.
On a moral stand point shame on that agent, in my opinion there is no need to make these charges especially as the 1st is just round the corner.
Make sure she doesn't sign the AST prior to the 1st as an agent can still include fees. total ban comes in to effect on the 31st May 2020This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com0 -
At the moment it is perfectly legal as she has entered in to an agreement to let prior to the 1st June.
On a moral stand point shame on that agent, in my opinion there is no need to make these charges especially as the 1st is just round the corner.
Make sure she doesn't sign the AST prior to the 1st as an agent can still include fees. total ban comes in to effect on the 31st May 2020
What is the AST please and you mention 'can still include fees' - what in the future?Regards
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AST - Assured Shorthold Tenancy, Agreements that are signed prior to the 1st even if the move in date is after can still have fees such as renewal and checkout fees and these will have to be paid.
All historic tenancy agreements with fees are valid till 31st March 2020 when the full ban comes in to place.
Here is the official guidance
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/791280/TFA_Guidance_for_Tenants.pdfThis is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com0 -
What is the AST please and you mention 'can still include fees' - what in the future?
this quote from the gov website should answer your query
Please note: the provisions on a change to the tenancy does not apply to a renewal or to the length of the tenancy. From 1 June 2019, agents and landlords will not be able to charge for a renewal of a tenancy under the Act. However, if the tenancy was entered into before 1 June 2019 and it was agreed in their contract to pay certain renewal fees, then a landlord or agent can charge these fees for a new fixed-term agreement or statutory periodic agreement up until 31 May 2020.in S 38 T 2 F 50
out S 36 T 9 F 24 FF 4
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