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Tenancy fees and the ban

Hello everyone,

Me and my partner are going to rent a flat on the 7th June and have paid fees for the credit checks and application already. This fee was paid on the 25/5/19 however we are yet to sign the tenancy agreement, this will be signed when we collect the keys on the 7th.

Are we eligible for a refund on the fees (or for them to be knocked off of the rent)? As we won't sign the tenancy agreement until the 7th, we have only gone through the credit checks and referencing so far and paid the deposit + first months rent.

Thank you for the advice

Comments

  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    artguy93 wrote: »
    Hello everyone,

    Me and my partner are going to rent a flat on the 7th June and have paid fees for the credit checks and application already. This fee was paid on the 25/5/19 however we are yet to sign the tenancy agreement, this will be signed when we collect the keys on the 7th.

    Are we eligible for a refund on the fees (or for them to be knocked off of the rent)? As we won't sign the tenancy agreement until the 7th, we have only gone through the credit checks and referencing so far and paid the deposit + first months rent.

    Thank you for the advice

    No. You started the process before the ban came into force
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    The ban started on 1/6/19. It is not retrospective. Sorry.
  • artguy93
    artguy93 Posts: 7 Forumite
    G_M wrote: »
    The ban started on 1/6/19. It is not retrospective. Sorry.

    Our tenancy would not be retrospective though? We do not start the tenancy or sign the tenancy agreement until the 7th June. The agreement will also be dated the 7th June.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 3 June 2019 at 1:12PM
    The fee was demanded and paid before 1/6/19.

    Agents and landlords do not have to pay back any fees that they have charged you before 1 June 2019.



    https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/791280/TFA_Guidance_for_Tenants.pdf
  • System
    System Posts: 178,430 Community Admin
    10,000 Posts Photogenic Name Dropper
    edited 3 June 2019 at 1:14PM
    artguy93 wrote: »
    Our tenancy would not be retrospective though? We do not start the tenancy or sign the tenancy agreement until the 7th June. The agreement will also be dated the 7th June.


    But you entered in to an agreement to rent prior to the 1st so the fees can be charged.


    Page 8 of G_Ms link


    Landlords will be responsible for the costs associated with setting up, renewing or ending a tenancy (i.e. referencing, administration, inventory, renewal and check-out fees). Agents and landlords do not have to pay back any fees that have been charged to a tenant before [FONT=Arial,Arial][FONT=Arial,Arial]1 June 2019[/FONT][/FONT].
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
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