AST fees first tier tribunal/ trading standards etc

AST fees first tier tribunal/ trading standards etc

Author
Discussion

hajaba123

Original Poster:

1,304 posts

175 months

Tuesday 27th October 2020
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Wondering if anyone has any experience of these either as a tenant or landlord. As a tenant, I believe I’ve been charged a fee which is illegal under the act. I’m not getting anywhere with the agents complaints procedure so interested to hear of others experience

GLENNRED

8,461 posts

206 months

Tuesday 27th October 2020
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What have you been charged? And what have they said it's for?

Edited by GLENNRED on Tuesday 27th October 23:16

hajaba123

Original Poster:

1,304 posts

175 months

Wednesday 28th October 2020
quotequote all
£2600 for ending the tenancy early. £2k compensation to landlords and the remainder for re letting/ marketing fees. There was a new tenant in within 2 weeks. My understanding of the act is that fees can only cover financial losses. At £1k a month rent I think I’m due back at least 1.5k and the re letting/ marketing fees should be evidenced by invoices.

Buster73

5,055 posts

153 months

Wednesday 28th October 2020
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How many months left on the lease ?

hajaba123

Original Poster:

1,304 posts

175 months

Wednesday 28th October 2020
quotequote all
Buster73 said:
How many months left on the lease ?
6, but the new tenants have signed up for at least that period

Buster73

5,055 posts

153 months

Wednesday 28th October 2020
quotequote all
hajaba123 said:
Buster73 said:
How many months left on the lease ?
6, but the new tenants have signed up for at least that period
So the landlord getting in effect paid twice is the issue here ?

hajaba123

Original Poster:

1,304 posts

175 months

Wednesday 28th October 2020
quotequote all
Yes, in effect getting paid twice which is outside the guidance around the fees act

GLENNRED

8,461 posts

206 months

Wednesday 28th October 2020
quotequote all
Landlord can't be paid twice for the same period and you should only be charged reasonable landlord re-let fees.

Trading standards enforce the TFA.

Did you ask for early release from your tenancy?

hajaba123

Original Poster:

1,304 posts

175 months

Wednesday 28th October 2020
quotequote all
Yes, I asked for early release. I was hoping that the agents would stick to the Act rather than keep pushing against it. Emailed trading standards last night and they’re on it now so I may not need to bother with the first tier tribunal

moondogs

6 posts

49 months

Wednesday 28th October 2020
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It is to be expected that the tenant ensures the landlord does not incur any extra costs as a result of the early termination. If the property was empty for two weeks, you would be responsible for the rent during this period. You would also be expected to pay for any remarketing costs.

In reality, it will be hard for the agent to demonstrate exact costs of remarketing and advertising because these things are done in bulk to Rightmove, other property portals and local press etc. As a very rough estimate off the top of my head, this might run to a couple hundred quid. I wouldn't be surprised if they try and inflate this figure a bit. You might be able to make them an offer.

It's been a couple of years since I was in this awful industry, so YMMV.


Wings

5,813 posts

215 months

Wednesday 28th October 2020
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Presuming the OP’s tenancy agreement is an Assured Shorthold Tenancy Agreement, against a residential rental property. If the landlord/agents agree to end the OP’s tenancy early, and the former finds an alternative new tenants. Due to the Tenants Fees Act the same situation is not straight forward. Since where a tenant/s wishes to end the tenancy early, the landlord/agent can charge the tenant/s terminating their tenancy rent up until the new tenant/s takes occupation, along with referencing and advertising costs associated with finding new tenant/s.

The guidance to the Tenant Fees Act states tenant/s cannot be charged fees in addition to the rent, but that is poorly worded, since the same Act does allow the charging of costs associated with finding a replacement. If one’s landlord/agent charges a fee, then those fees must be reasonable and evidence of those charges must be retained by the landlord/agent.

This landlord, from the contents of your post, considers the fees charged to be totally unreasonable. If a Deposit was taken by the landlord/agent, then the government’s deposit scheme holding the Deposit should be contacted, and/or your local authority council’s private housing office for advice.

In similar Deposit monies disputes, where a tenant is not prepared to negotiate a settlement, my preference is for the small claims court.


hajaba123

Original Poster:

1,304 posts

175 months

Friday 30th October 2020
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Tribunal papers sent today

Will update the thread if anyone’s interested

hajaba123

Original Poster:

1,304 posts

175 months

Saturday 14th November 2020
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Agent started responding after getting their directions papers from the tribunal. They continued to mess me about and be evasive for a week. However, eventually they behaved and yesterday I received the full amount back that I calculated. They asked me to call off the tribunal, ombudsman and trading standards which I've done

owski

16 posts

125 months

Sunday 15th November 2020
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Well done