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dnbgrrly | Where do I stand legally...? |
We agreed to rent a new house a couple of weeks ago and so sent in our applications and paid £300 "admin fee" to keep the house reserved for us so that other prospective tenants couldn't view the property. We are due to move in 2 weeks time and the estate agents called me this morning saying that the landlady wants to increase the rent. Obviously this puts us in a difficult position because we have to vacate this property in two weeks (it has now been sold) and we now cannot afford the rent on the new house. Does the fact that we have paid this "admin fee" according to the original rent, mean anything? We have not signed a tenancy agreement yet as this does not happen until the day we move in.
Also, the admin fee we have paid is like insurance for the agents, meaning that if we pull out, they keep the money as they have missed opportunities to show prospective tenants around. If we cannot afford this new rent and we are forced to pull out, would we be likely to get this money back? |
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camille s
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did you sign an application for hold? Usually that has the rent that you are agreeing to pay and the amount that you are paying to hold it. If so then they should have to abide by the amount that they quoted on that form. You should definitely be able to get that money back since it is them that are changing the agreement not you. |
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beverley.newman1@btinternet.com
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As I see it,you have paid a fee for the letting agent to do your credit checks,references etc and while they are doing this,it is kept on hold at the rent that was advertised when you applied for it.? If this is the case and the landlady has since raised the rent,then they are in breach of the original agreement and you can say no and get a full refund of your money.In other words,she will not rent it to you at the original rent so you can walk away.Call the bluff and good luck. |
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Ĕrotic Ńightmare
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Legally the tenant is not allowed to increase the rent in the first year (6months in some cases) Talk to a solictor to understand what your rights are. |
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D B
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Sorry but legally the agency cannot charge an admin fee so I hope you have written evidence of this. I would go to your local CAb in the morning and see what they have to say. Yoiu should never pay money to rent a property until the day you sign on the dotted line. the agency and the landlord sound a bit disreputable to me. |
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Ellie
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I am sure its against the law for her to do this. Contact trading standards in the morning, CAB for your legal position- agents should not charge admin fees of this nature- they should be willing to refund this as this is not your fault. You applied for that house because you wanted to pay X rent- the landlord cannot increase it- the agent should know this. If your agent is ARLA registered you can also contact ARLA- go to ARLA's website and they will tell if you your agent is registered with them. |
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GIG
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Hi
you had not signed an agreement therefor the rent is not being increased but stated be for an agreement, It may be that you wear misled by the agents so thy could get you to shell-out the money, Seek advice from the Citizens advice. |
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nusha
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actually Denise B you are not correct. ALL letting agents charge a fee for credit checking and admin. This fee which on average is about 150 GBP per person is not a fee to hold the property but a fee for necessary checks before they will put you on their books.
You have every right to say you cannot afford the rent increase but as you have not yet signed an agreement i an not sure where you stand on holding the owner to the original amount. But now you are fully cleared by the letting agents i would hope that they are doing everything in their power to either talk to the landlord or find you alternative accommodation that is acceptable to you.
it is worth seeking advice from the CAB...but i think you'll find that as the fee is not property specific it isn't refundable...it would just mean that if you found another property with this letting agent you have a better chance of getting in first as you already have clearance with them...
good luck..i hope you find somewhere nicer than this house..i know i wouldn't want to rent from that landlord, even if they agreed to let it to you at the original price i think you'd find your rent increasing after the first 6 month agreement was up! |
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shih tzu lady
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If the property was advertised at a particular rent, you paid your admin fee to hold it vacant for you, and whether you signed the contract or not, you have put your faith and trust in the landlord and the agency and you should not have to take any flak about putting the rent up. Surely the agent should be advising the landlord that this is not an acceptable situation. You should be saying to the agency that if the landlord is not willing to go ahead on his/her original terms, then you should have your admin fee back and they should claim it off him/her.
There should never have been a situation of whether you can afford the "new" rent or not - it was advertised at the rent you knew you could afford and that's why you applied for the tenancy. Put your foot down - they're trying to get one over on you. |
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DAWN J
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unfortunately,the admin fee will not be returnable because it's for the agent and not the owner.because you have not signed a tenancy agreement i'm not sure there will be a lot you can do,unless it was a verbal agreement between you and the owner and not the agent.my advice would be to consult a solicitor asap. |
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