Is my letting agent stealing fees they haven't earned?

Is my letting agent stealing fees they haven’t earned?

Toy chattering teeth gripping UK banknotes to illustrate disputed letting agent fees
12:01 AM, 23rd September 2024, 2 years ago 4

In Covid times my letting agent found tenants willing to rent at £1500 pcm for 12 months, who passed referencing and signed on the dotted line. So the letting fee and monthly ongoing property management fees were due, according to our Confirmation of Marketing agreement. The Rent Insurance was also due monthly.

In the 10th month the tenants were asked if they wanted another year at the market rate £2300 pcm, and they said yes. So the Tenancy Agreement was prepared and the Renewal Fee was due.

We signed the document in month 11 of the first tenancy agreement, and it appeared that all was well.

However they didn’t pass referencing and continued periodic on the initial tenancy agreement paying £1500 pcm. The Letting Fee was deducted against the £2300 pcm rent.

Because the second tenancy agreement was never complete, it seems to me that the letting agent is not due any letting fee just the renewal fee. Periodic extension to months 13, 14, etc should only cost the monthly ongoing Property Management Fees and Rent Insurance premium because there is no new Letting.

I think the Letting Agent is stealing fees they are not entitled to having failed to complete the let. What does the Property118 community think?

Thanks,

Paul


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Comments

  • Member Since January 2020 - Comments: 559

    10:29 AM, 23rd September 2024, About 2 years ago

    Have you asked the agency what they have charged for?

    It may be a simple error on their part, or a misunderstanding by either you or them as to what is due.

    It’s very difficult for an outsider to comment with any useful comments without seeing your contract and understanding how the charges have arisen.

  • Member Since February 2016 - Comments: 194 - Articles: 1

    12:14 PM, 23rd September 2024, About 2 years ago

    Crikey, an £800pcm increase?

    A sensible agent would have referred back to the original referencing report for the tenants’ affordability ceiling back then – and then had a discussion with the tenants related to any salary progression since then.

    To assume that tenants in situ can afford an £800pcm jump in rent without verifying the facts already on file…. would be just silly – as well as lazy!

    As Graham suggests, ask the agents what they have charged for.

  • Member Since April 2024 - Comments: 94

    5:29 PM, 23rd September 2024, About 2 years ago

    the letting agent is charging you for something they shouldn’t. Since the second tenancy agreement wasn’t finalized because the tenants didn’t pass referencing, they shouldn’t be taking a letting fee.

    You should reach out to the agent and ask for a clear explanation of the fees. If they can’t justify the letting fee, you should push for a refund. If they’re not helpful, it might be worth looking into escalating the issue or getting some legal advice.

  • Member Since October 2020 - Comments: 1178

    9:02 PM, 23rd September 2024, About 2 years ago

    You can send the agent a formal complaint and if you dont get satisfaction, escalate the complaint to their redress scheme. Its free to you and they have the power to intervene if warranted.

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