Letting agency fees - do I have a claim?

tsolrm

parkrunner wrote: »

Yeah right.

Funny that.

Comms69

tsolrm wrote: »

I don't think you do. I don't think you, or anyone who have responded in this thread actually know much about how contracts work. Any ambiguity in any contract always goes against the person who drafted the contract. The service was advertised and defined poorly and it was not clear what the admin fee actually pays for. What does 'processing of the application' mean? Does that include the inventory check? Handing over the keys? Or are those separate charges? This is exactly what the Consumer Rights Act stops in its tracks - these entities have to detail the service that they provide. If they do it poorly - it goes against them if those fees are disputed.

A contract requires offer, acceptance and considerations (ie both parties get something).


You are incorrect that any ambiguity always goes against the person that drafted it, but yes that is the general understanding.


Processing of the application would generally mean "processing your application". The inventory is done on behalf of the landlord (though a checkout reference was sometimes charged to the tenant and that would be listed separately) . Keys handed over on behalf of the landlord.


In terms of what specifically I would expect to be involved.


1: giving you an application form
2: accepting the completed form
3: liaising with the landlord
4: conducting credit check
5: checking references
6: confirming acceptance / refusal

tsolrm

Comms69 wrote: »

A contract requires offer, acceptance and considerations (ie both parties get something).


You are incorrect that any ambiguity always goes against the person that drafted it, but yes that is the general understanding.


Processing of the application would generally mean "processing your application". The inventory is done on behalf of the landlord (though a checkout reference was sometimes charged to the tenant and that would be listed separately) . Keys handed over on behalf of the landlord.


In terms of what specifically I would expect to be involved.


1: giving you an application form
2: accepting the completed form
3: liaising with the landlord
4: conducting credit check
5: checking references
6: confirming acceptance / refusal

I am deffinitely not incorrect. It's called Contra proferentem, look it up. And what you would expect might not be what somebody else expects or what the general accepted process is. That's why these things are written down. If it isn't - it can be disputed.

Comms69

tsolrm wrote: »

I am deffinitely not incorrect. It's called Contra proferentem, look it up. And what you would expect might not be what somebody else expects or what the general accepted process is. That's why these things are written down. If it isn't - it can be disputed.

You said that ANY ambiguity will ALWAYS go against the person drafting the contract, but actually courts are very careful with this and it is a leeway given in that any argument between the meaning of a term, in which both parties claim a reasonable meaning, the weight is given to the person who didn't draft it. - "If a term in a consumer contract, or a consumer notice, could have different meanings, the meaning that is most favourable to the consumer is to prevail".


You are arguing that the agent is requires to in effect list everything not included. Because I would say that "processing the application" is exactly what you've paid for.


How much information are they required to provide. What level of detail would you be satisfied with? Remember that courts often use the reasonable person test to determine what information should be provided.