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Letting agent fees

2

Comments

  • Hi, sorry I was at work earlier and did not have the contract to hand. To answer your question, Yes we did sign A new TA a few days ago.

    Below is the government advice that they sent me when I disputed the charge with them.
    “If you entered into a tenancy before 1 June 2019, a landlord or agent will still be able to charge fees up until 31 May 2020, but only where these are required under an existing tenancy agreement. This might include, for example, fees to renew a fixed-term agreement where you had already agreed to pay these. Nonetheless, businesses such as letting agents are prohibited from setting unfair terms or fees under existing consumer protection legislation. If you consider the level of fees being charged to be unfair, you should discuss this with your landlord or agent.

    They said that as it is a ‘renewal’ of a tenancy taken out before the 1st June 2019, they can still charge up until May 2020. We have renewed our tenancy every year for 9 years. Surely the new tenancy (signed 3 days ago) now applies and the charges do not apply as it is now November.

    To answer your other question.....The exact wording from the TA is:
    “The cost of two fair copies of the TA and any shares shall be Bourne in equal shares by the LL and tenant and the cost of stamp duty will be paid by each party at the current prevailing rate”
    The same clause is also in the new TA as well as the previous copy.

    Is the above wording possibly their grounds for extending the charge beyond the 1st of June cutoff?

    Thanks Dom
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 23 November 2019 at 1:35PM
    Dom1978123 wrote: »
    “If you entered into a tenancy before 1 June 2019, a landlord or agent will still be able to charge fees up until 31 May 2020, but only where these are required under an existing tenancy agreement. This might include, for example, fees to renew a fixed-term agreement where you had already agreed to pay these. Nonetheless, businesses such as letting agents are prohibited from setting unfair terms or fees under existing consumer protection legislation. If you consider the level of fees being charged to be unfair, you should discuss this with your landlord or agent.

    They said that as it is a ‘renewal’ of a tenancy taken out before the 1st June 2019, they can still charge up until May 2020. We have renewed our tenancy every year for 9 years. Surely the new tenancy (signed 3 days ago) now applies and the charges do not apply as it is now November. No. You have previously agreed to the renewal fee

    To answer your other question.....The exact wording from the TA is:
    “The cost of two fair copies of the TA and any shares shall be Bourne in equal shares by the LL and tenant and the cost of stamp duty will be paid by each party at the current prevailing rate”
    So the question is whether £192 (2 x 96) is unfair.

    Is the above wording possibly their grounds for extending the charge beyond the 1st of June cutoff? Yes
    I suspect £192 is excessive for the admin time involved in amending the dates and re-printing/posting out a new tenancy agreement. I would


    a) discuss with them first to negotiate the amount and resolve amicaby
    b) if that fails, write formally, requesting justification of the amount in wring from them
    c) if that fails,either follow their complaints procedure and/or refer to the relevant ombudsman scheme
    d) and /or refer to Trading Standards and/or 1st Tier Tribunal


    https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/819635/TFA_Tenant_Guidance_190722.pdf
  • dimbo61
    dimbo61 Posts: 13,727 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Has the Landlord and letting agents done everything to comply with the law ?
    Deposit protected in the first place IF you gave a deposit. Prescribed information?
    Has it been reprotected each year ?
    Gas safety certificate if you have gas heating or gas appliances ( fire, oven, hob )
    Energy performance certificate ?
    What rating is the property ?
    What about the electrics ? EICR when you moved in ?
  • buglawton
    buglawton Posts: 9,246 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 26 June 2020 at 3:55PM
    Just puzzling over how this flat can attract a £595 check-in fee:
    Has that agent found a loophole?
    Click on Tenancy Info...
    SETTING UP YOUR TENANCY - COMPANY LET TENANCY
    Reservation Fee - Equivalent to 1 Weeks Rent
    Company Let Tenancy Fee - £595 (inc.VAT).



  • greatcrested
    greatcrested Posts: 5,925 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    buglawton said:
    Just puzzling over how this flat can attract a £595 check-in fee:
    Has that agent found a loophole?
    Click on Tenancy Info...
    SETTING UP YOUR TENANCY - COMPANY LET TENANCY
    Reservation Fee - Equivalent to 1 Weeks Rent
    Company Let Tenancy Fee - £595 (inc.VAT).




    this is a very old thread....
  • Slithery
    Slithery Posts: 6,046 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Photogenic
    this is a very old thread....
    This place used to be so much better when G_M was still around...
  • greatcrested
    greatcrested Posts: 5,925 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 26 June 2020 at 10:26PM
    Slithery said:
    this is a very old thread....
    This place used to be so much better when G_M was still around...
    Seems like you want your cake and eat it....

    Best Fudgy Chocolate Cake - Cafe Delites

  • [Deleted User]
    [Deleted User] Posts: 7,323 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Do you make the cakes you must use so often or do you buy them ready made (must be costing you a fortune)?
  • greatcrested
    greatcrested Posts: 5,925 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Home-baked every time - but I recognise not everyone is into baking so shop-bought is acceptable in neighbourly dispute-resolution!
  • buglawton
    buglawton Posts: 9,246 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    buglawton said:
    Just puzzling over how this flat can attract a £595 check-in fee:
    Has that agent found a loophole?
    Click on Tenancy Info...
    SETTING UP YOUR TENANCY - COMPANY LET TENANCY
    Reservation Fee - Equivalent to 1 Weeks Rent
    Company Let Tenancy Fee - £595 (inc.VAT).




    this is a very old thread....
    It was either start a new thread or find the most relevant existing topic to post a genuine question on (as my son is out flat-hunting). The legislation passed this June so now this is topical again. Posting on the most relevant thread has the benefit that knowledgeable people who helpfully replied before, may see it and have something useful to say.
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