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Letting Agent Query

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  • 29-11-2014 12:40pm
    #1
    bluebottle102
    Registered Users Posts: 82 ✭✭


    I've just moved out of shared accommodation I've been in for the past 2 years. I had no dealings with landlord, everything was done through a letting agent who I won't name. When I gave a months notice via email to letting agent I questioned about getting my deposit back. I was told that I would claim the deposit from new tenant. No big deal there. However In the small print I noticed that the letting agent charge me €90 for administration costs and vetting the new tenant. Can they charge this when it's their job to do all admin with regards the house?? And if it's them that want to vet the new tenant surely it should be at a cost to them?


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    #2
    jimmii
    Registered Users Posts: 14,810 ✭✭✭✭jimmii


    Haven't heard of the fee here but it used to be common in Scotland so wouldn't be surprised if some charged it here. They made it illegal over there as it was just getting out of control before we moved back there was one place looking for £180 admin fee!!


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    #3
    godtabh
    Moderators, Science, Health & Environment Moderators Posts: 23,204 Mod ✭✭✭✭godtabh


    bluebottle102 wrote: »
    I've just moved out of shared accommodation I've been in for the past 2 years. I had no dealings with landlord, everything was done through a letting agent who I won't name. When I gave a months notice via email to letting agent I questioned about getting my deposit back. I was told that I would claim the deposit from new tenant. No big deal there. However In the small print I noticed that the letting agent charge me €90 for administration costs and vetting the new tenant. Can they charge this when it's their job to do all admin with regards the house?? And if it's them that want to vet the new tenant surely it should be at a cost to them?


    Yes if you signed up to it


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    #4
    shruikan2553
    Closed Accounts Posts: 6,113 ✭✭✭shruikan2553


    I dont think they are allowed to charge for any admin fees. It has come up before.


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    #5
    bluebottle102
    Registered Users Posts: 82 ✭✭bluebottle102


    shruikan2553 wrote: »
    I dont think they are allowed to charge for any admin fees. It has come up before.

    Thanks for the quick responses. I haven't paid it and don't plan on it either I just found it strange that they can charge €90 for doing the job they are employed to do


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    #6
    jimmii
    Registered Users Posts: 14,810 ✭✭✭✭jimmii


    bluebottle102 wrote: »
    Thanks for the quick responses. I haven't paid it and don't plan on it either I just found it strange that they can charge €90 for doing the job they are employed to do

    Found this doesn't seem to be too old maybe it is more common here than I thought! It also suggests it is actually illegal.

    https://rentview.com/blog/tenants-fees/


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    #7
    the world wonders
    Registered Users Posts: 489 ✭✭the world wonders


    jimmii wrote: »
    Found this doesn't seem to be too old maybe it is more common here than I thought! It also suggests it is actually illegal.

    https://rentview.com/blog/tenants-fees/
    It is illegal, even if you signed a lease agreeing to it.
    Property Services (Regulation) Act 2011 wrote:
    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.
    Tell them that you will make a formal complaint to the Property Services Regulator if you don't get your full deposit back, that should put manners on them.


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    #8
    cerastes
    Closed Accounts Posts: 3,601 ✭✭✭cerastes


    bluebottle102 wrote: »
    I've just moved out of shared accommodation I've been in for the past 2 years. I had no dealings with landlord, everything was done through a letting agent who I won't name. When I gave a months notice via email to letting agent I questioned about getting my deposit back. I was told that I would claim the deposit from new tenant. No big deal there. However In the small print I noticed that the letting agent charge me €90 for administration costs and vetting the new tenant. Can they charge this when it's their job to do all admin with regards the house?? And if it's them that want to vet the new tenant surely it should be at a cost to them?

    Id be more concerned about this, both from your perspective and the new tenant.
    You are under no obligation to wait or get your deposit back from a new tenant, what if there isnt one for ages?
    As for a new tenant, they have no contract with you, why would they hand you anything? equally you have no contract with them. Your contract was with the letting agent I presume.
    Id be looking for my deposit back through the agent or PRTB, as for an admin fee to the departing tenant to secure a new tenant, thats also mad, I can understand to some degree an admin fee, but only for the prospective tenant to pay, why on earth would an outgoing tenant pay that?
    If you have given your notice in accordance with your lease/part 4 and are not breaching your contract doing so, I consider these conditions penalties.


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    #9
    bluebottle102
    Registered Users Posts: 82 ✭✭bluebottle102


    cerastes wrote: »
    Id be more concerned about this, both from your perspective and the new tenant.
    You are under no obligation to wait or get your deposit back from a new tenant, what if there isnt one for ages?
    As for a new tenant, they have no contract with you, why would they hand you anything? equally you have no contract with them. Your contract was with the letting agent I presume.
    Id be looking for my deposit back through the agent or PRTB, as for an admin fee to the departing tenant to secure a new tenant, thats also mad, I can understand to some degree an admin fee, but only for the prospective tenant to pay, why on earth would an outgoing tenant pay that?
    If you have given your notice in accordance with your lease/part 4 and are not breaching your contract doing so, I consider these conditions penalties.

    Yea I wasn't too worried about that due to the fact we were required to advertise the room and show it etc and we received our full deposit from the new tenants.

    I just found it mad that the letting agent were trying to charge €90 for moving out!! Thanks for all ure responses guys much appreciated


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    #10
    cerastes
    Closed Accounts Posts: 3,601 ✭✭✭cerastes


    bluebottle102 wrote: »
    Yea I wasn't too worried about that due to the fact we were required to advertise the room and show it etc and we received our full deposit from the new tenants.

    I just found it mad that the letting agent were trying to charge €90 for moving out!! Thanks for all ure responses guys much appreciated

    So you moved out and got your deposit back?
    Still the letting agent saying that would concern me, like them saying we dont have your deposit and have to wait for a new tenant to provide it, but more like saying you have to sort it with the new tenant.
    Id be more concerned as an incoming tenant in that case.

    Did they charge the €90 admin fee? thats also crazy, like them saying you have to pay for the costs related to their business, in that case, seeking out new tenants. I can see where an admin fee might be applied to a new tenant to pay for setting things up in their name, which would dissuade non genuine enquiries and encourage people to make full use of it by staying the duration they signed on for.


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