Letting agency fees - do I have a claim?

tsolrm

G_M wrote: »

The contract is between you and the landlord. If the landlord has breached the contact, you sue the landlord.

But since there is an Act of Parliament that dictates what a landlord must do regarding a deposit, far better to use the Act than a civil case of breach of contract.


'The Party' (agent?) did not 'charged me for services' regarding the deposit. They took the deposit on behalf of the landlord and passed it to him.


The admin fee/reservation fee that you paid was nothing to do with the security deposit.

The agent is responsible for provide detailed explanation of the fees under Consumer Rights Act. I was under the impression that part of the admin fee goes towards sorting out the tenancy agreement and handling the money. They quite obviously have mishandled the deposit here. Regardless of whether it is secured or not - they have charged me for a service to sort out the tenancy initiation. If ensuring that landlord sends them written proof of deposit protection isn't their job (although the contract that THEY have provided me and the landlord with says that this must be done) then I do not understand what the fee is for? For copying and pasting me the tenancy agreement to sign? They don't manage the property, the landlord does.

tsolrm

need_an_answer wrote: »

Best of luck with your claim.

It does seem that respected posters have given you their opinion on whether it is worthwhile you perusing the matter.
Of course it is entirely your prerogative to chose to not take that advice.

Although if you do pursue we always ask in this type of situation that you return to update the thread with the answer of whether you were successful or not.

It gives you the opportunity to say "I told you so" and other posters can structure their advice going forward to others who may raise similar questions in the future

I will be requesting a partial fee refund. If I take them to small claims court what is the worst case scenario? It's my understanding that they wouldn't be able to claim solicitor fees in small claims court if I lose.

need_an_answer

Are you still living in the property or are considering moving?

With regard to the deposit,have you checked with the 3 main schemes to see if the deposit has been lodged?

What sort of figure do you hope to claim as fair compensation?

tsolrm

need_an_answer wrote: »

Are you still living in the property or are considering moving?

With regard to the deposit,have you checked with the 3 main schemes to see if the deposit has been lodged?

What sort of figure do you hope to claim as fair compensation?

Yes I still live there. I have already confirmed that the deposit hasn't been registered. But again my issue is not with the landlord, it's with the letting agency. I want a partial refund of the admin fees that I got charged by the agency but if I have to go to small claim court I will add in loss of earnings for me attending court hearings (it's my understanding that I am allowed to claim for that?)

need_an_answer

Then if your deposit has not been registered,your issue is with the LL as it was the responsibility of the LL to register it.

It sounds to me as if the relationship between the agent and the LL is on a tenant find basis which would mean that agent finds the tenant,does necessary checks and at the point you move in all maintaninance issues and contact then feed through the LL.

Its worth reminding yourself that it was the LL who chose the letting agent and as such the agent will work for the LL and not for you.

I cant comment on this particular agency but I can say that the practice of handing the deposit to the LL to protect is quite a common occurrence when the relationship is tenant find only.

I have a similar undertaking with the agent I use as a LL ….and I can assure you that it is the responsibility of the LL to ensure that any deposit taken for a property they rent is correctly lodged.

tsolrm

need_an_answer wrote: »

Then if your deposit has not been registered,your issue is with the LL as it was the responsibility of the LL to register it.

It sounds to me as if the relationship between the agent and the LL is on a tenant find basis which would mean that agent finds the tenant,does necessary checks and at the point you move in all maintaninance issues and contact then feed through the LL.

Its worth reminding yourself that it was the LL who chose the letting agent and as such the agent will work for the LL and not for you.

I cant comment on this particular agency but I can say that the practice of handing the deposit to the LL to protect is quite a common occurrence when the relationship is tenant find only.

I have a similar undertaking with the agent I use as a LL ….and I can assure you that it is the responsibility of the LL to ensure that any deposit taken for a property they rent is correctly lodged.

I do not question the landlord's responsibility. But I feel like you are missing a point. The contract states that the landlord has to send the agent proof. The landlord didn't do that, fair enough. So why has the agent not flagged this? The deposit payment to the agent was done as part of the application. If they are not responsible for looking after what happens with the money I have transferred it to them then what is the fee for? For emailing me a tenancy agreement to sign + reference checks? If so, hundreds of pounds sounds a bit steep and I question this as a breach of the Consumer Rights Act. They are not allowed to charge 'admin fees' without detailing what the fees are paid towards. This was presented as an application fee and as far as I am concerned they have not processed the application correctly.

need_an_answer

I'm not missing the point at all...
I understand what you are saying and to a point along with many others agree with you that fees charged by letting agents have on occasion historically been high...which is why this year in june agents were banned from many of the charges that you detail in your original post.

Other posters have advised you that trying to argue the specifics of the agreement you entered into with the agent may not go in your favour...I too agree with them so wont even bother labouring the point further.

I am also still of the opinion that the LL and agent do have a working relationship and TBH if you feel the way forward is to challenge the agent don't then be surprised if the LL decides that it might be time to consider if you and he also part ways.

parkrunner

tsolrm wrote: »

I do not question the landlord's responsibility. But I feel like you are missing a point. The contract states that the landlord has to send the agent proof. The landlord didn't do that, fair enough. So why has the agent not flagged this? The deposit payment to the agent was done as part of the application. If they are not responsible for looking after what happens with the money I have transferred it to them then what is the fee for? For emailing me a tenancy agreement to sign + reference checks? If so, hundreds of pounds sounds a bit steep and I question this as a breach of the Consumer Rights Act. They are not allowed to charge 'admin fees' without detailing what the fees are paid towards. This was presented as an application fee and as far as I am concerned they have not processed the application correctly.

First bolded part is not your problem, that's between the LL and the agent and frankly is in your favour. Second bolded part you have been asked to quote the part of the act that is relevant to your argument, please do so.

tsolrm

need_an_answer wrote: »

I'm not missing the point at all...
I understand what you are saying and to a point along with many others agree with you that fees charged by letting agents have on occasion historically been high...which is why this year in june agents were banned from many of the charges that you detail in your original post.

Other posters have advised you that trying to argue the specifics of the agreement you entered into with the agent may not go in your favour...I too agree with them so wont even bother labouring the point further.

I am also still of the opinion that the LL and agent do have a working relationship and TBH if you feel the way forward is to challenge the agent don't then be surprised if the LL decides that it might be time to consider if you and he also part ways.

Ok, if it really doens't go in my favour (but I believe I have a case) - what's the worst case scenario if I lose the court case?

need_an_answer

How much will it cost you to move?