Letting Agent trying to rip me off

[Ripoff]

I have been living at the property for 4 years and I guess I am known as a subletter because my name is not on the lease and I give my half of the rent to my flatmate. She is now moving out so I have asked for my name to be transferred on the lease. This has been agreed and I have the full deposit and one months rent in advance as requested by the letting agent. The Agent is trying to get more cash from me by charging me for a credit reference and charging the same again for a credit check on my guarantor plus an admin fee all adding up to over £200. Can the agent do this and where do I stand legally? The agent is trying to rip me off. I have got my name on one bill which is council tax and like I say can provide everything they require but why should I pay these fees when I already live here


Advice appreciated

[Ripoff]

Agent fees

I forgot to mention that I have paid for a credit check through experian that I can provide to the agent that I paid for myself.

[Snorkerz]

Your current status is as a lodger. This means that you have no real 'right' to be at the property - when the current tenant goes, you go.

You currently have no relationship with the landlord or agency, so as far a they are concerned, you are an unknown quantity so far as renting is concerned. Therefore they will want to do all the checks they would do on any new renter.

Your own credit check will measure different thigs to the one required by the agency, and they will want to make sure that the checks they do are both current and independent. If they wre to accept 'any old' credit check they could be in breach of their contract with the property owner - it is their job to protect his interests.

So, as sad and expensive as it is, it would seem thet the agency are not charging unduly. If you feel the fees are too much it may be better to look for a different property wih a different agent as you are going to have to deal with these guys for months/years to come.

[jrsteeve]

Same as Snorkerz i'm afraid, they have to perform the relevant checks as essentially a new tenancy is being set up, though you may be able to ask for a discount.

[Phlash]

3 strikes....

I also agree.

I understand your sentiment about already living there, but you have no legal connection with the property, so it will be normal 'take on' procedures from the agent's point of view.

Whether it is a fair price or not is a separate question. But 200 pounds is fairly common, maybe slightly high - all depends on area and competition. Our agency would charge 140 pounds in this instance, but I would accept negotiation on that given the circumstances.

In terms of where you stand legally. Legally, you are standing on the street - you want to be legally standing in the property. To achieve this legal status you need to adhere to the agent's reasonable checks driven by their duty of care owed to their landlord. For that, they wish to charge you. You now have a choice, pay or go elsewhere (where you will most likely also pay!)

[jjlandlord]

If deposit and rent in advance has already been paid and accepted then one may argue that contract has already been created...
To be a tenant OP only needs to pay rent and this rent to be accepted.

That said, a total of £200 does not seem unreasonable.

[Lawcruncher]

You can go for something which is devious but perfectly lawful. All you do is to get your friend to assign the tenancy to you. You then give written notice of the assignment to the landlord's agent, but you do not give it until the day before you next pay rent. If the rent is accepted any breach of covenant is waived.

Whether there is a breach of covenant depends on what the tenancy agreement says about assignment.