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Letting agency charging outrageous admin fee

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  • 18-07-2019 5:21pm
    #1
    [Deleted User]
    Posts: 0 ✭


    I’ve been offered a 12 month lease in an apartment but I am being charged a €250 “admin fee” for the lease.

    The girl who is currently living there said this has never happened to her or the previous tenant, and I was speaking to a friend about it who informed me it’s definitely illegal, as it’s a way to illegally increase rent in a rent pressure zone.

    Can anyone advise?


Comments

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    #2
    Seth Brundle
    Moderators, Politics Moderators Posts: 38,996 Mod ✭✭✭✭Seth Brundle


    What does the admin fee cover?
    Why is it definitely illegal?


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    #3
    Claw Hammer
    Registered Users Posts: 6,164 ✭✭✭Claw Hammer


    estate agents are only allowed to charge one party to a transaction. either buyer or seller, or landlord or tenant. they're already being paid by the landlord so it is contrary to the House Agents act.


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    #4
    Victor
    Registered Users Posts: 78,298 ✭✭✭✭Victor


    Agent may be charging landlord and landlord is trying to pass it on to tenant.
    Claw Hammer wrote: »
    estate agents are only allowed to charge one party to a transaction. either buyer or seller, or landlord or tenant. they're already being paid by the landlord so it is contrary to the House Agents act.
    Someone mentioned this only applies to sales, not lettings, so should be checked.


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    #5
    mdebets
    Registered Users Posts: 1,747 ✭✭✭mdebets


    Don't know, if the charge from the agent is legal or not, but if it is, remember that the rent + the new agent fee can't be higher then the old rent + the legally allowed rent increase.


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    #6
    Claw Hammer
    Registered Users Posts: 6,164 ✭✭✭Claw Hammer


    Victor wrote: »
    Agent may be charging landlord and landlord is trying to pass it on to tenant.Someone mentioned this only applies to sales, not lettings, so should be checked.

    The same legislation covers both sales and lettings.


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    #7
    sharpsuit
    Registered Users Posts: 64 ✭✭sharpsuit


    Section 90 of the Property Services (Regulation) Act makes any requirement for the tenant to pay void:

    90.— (1) Subject to subsection (2), any provision (whether express or implied) in an agreement in respect of the sale or letting of land whereby the purchaser or tenant, as the case may be, is required to pay or otherwise bear the cost of the licensee’s fees or expenses in respect of the sale or letting, as the case may be, shall be void, and any moneys paid pursuant to such a provision shall be recoverable as a simple contract debt in a court of competent jurisdiction.

    (2) Nothing in subsection (1) shall affect the liability of a person to pay fees or expenses to a licensee in respect of the acquisition of any land where the licensee has been retained by the person to acquire such land and does not also act, in respect of such acquisition, on behalf of the person from whom the land is acquired.


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