Erroneous Change Of Occupancy Fee

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

    Erroneous Change Of Occupancy Fee

    Hi There,

    I am planning to move out of a shared rental property in March. {Mod - name removed} , the agency managing the property want to charge me a £300 "Change of Occupancy" administration fee as we have not reached the full term of the tenancy. I realise that the fee covers both me leaving and a new tenant entering the flat/agreement but there is not breakdown of the admin duties undertaken as part of this charge on {Mod - name removed} website. My dispute is that {Mod - name removed} did very little when I and other tenants moved in or out. It was the tenants who financed and managed finding a replacement tenant. There was no "Check In" so theoretically cant be a "Check Out" to charge for. There was no inventory that I saw or signed. There was no reference agency used for reference checks, I was simply asked to provide bank statements, passport, letters from old landlords etc that were scanned and emailed to the landlord. As far as I can see, all the administration duties that {Mod - name removed} conducted where printing off a standard contract and adding 3 tenants names, the rental and deposit amounts (which they got wrong twice!). That along with basic scanning and email correspondence between all parties involved. I do not see how this amounts to £300. I am hoping to dispute this charge and see my only option as through the Deposit Protection Scheme Dispute Resolution Service. Can I do this? Has anyone tried this before and won? Any advice would be greatly appreciated.

    #2
    They don't have to agree to any change of occupancy and they can charge pretty much what they like.

    Suspect it you argue they will refuse any change.
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

    Comment


      #3
      My experience of doing these suggests that £300 is a bargain. I have lost count of the number of new occupants who don't bother to tell us they've changed their mind or existing tenants who have to be chased because they don't see the urgency in signing anything as they're already in the place. Don't get me started on the paperwork involved in ensuring the deposit remains protected as we use the DPS custodial scheme and they don't like tenant swaps. Did you really expect to get it for free?

      Comment


        #4
        I am not expecting to get it for free, just don't see £300 worth of admin duties there. Considering a renewal fee is £96 and that would be for 3 people, why is amending 1 name on a contract 3 times as much?
        I lost count of the number of times I asked to see a contract before I moved in so I could review it before hand. {Mod - name removed} only showed it to me on the day arranged to sign the tenancy and 2 days before I was hoping to moved in.
        {Mod - name removed} use MyDeposits in an insurance based scheme. I actually paid the exiting tenant my share of the deposit as {Mod - name removed} told me it was easier that way (I now see its because they wanted to avoid paperwork etc their end)

        Comment


          #5
          Your information is severely deficient,
          Of course a move out inspection can be chargedeven with no move in report.
          You accepted LA fees by proceeding with Application.
          Deposit ADR cannot be used to contest Agency fees.

          Comment


            #6
            Originally posted by Sonofahod View Post
            I am not expecting to get it for free, just don't see £300 worth of admin duties there. Considering a renewal fee is £96 and that would be for 3 people, why is amending 1 name on a contract 3 times as much?
            I lost count of the number of times I asked to see a contract before I moved in so I could review it before hand. {Mod - name removed} only showed it to me on the day arranged to sign the tenancy and 2 days before I was hoping to moved in.
            {Mod - name removed} use MyDeposits in an insurance based scheme. I actually paid the exiting tenant my share of the deposit as {Mod - name removed} told me it was easier that way (I now see its because they wanted to avoid paperwork etc their end)
            What {Mod - name removed} are doing isn't really supported by the legislation surrounding tenancies.

            As such, they are doing something they don't need to and can, essentially, charge whatever they want to help you avoid your legal responsibilities.
            If you don't agree to the fee, they can simply decline to allow you to waive the contract you have signed up to.

            Excessive charges aren't allowed under consumer legislation, but if you try and protest the level, {Mod - name removed} are more likely to decline the service you require.

            If you are part of a joint tenancy, the only way for you to end it without the landlord's consent is to serve notice once any fixed term has ended.
            That would end the tenancy for all of the occupants, not just you.

            Because {Mod - name removed} operating process is wrong and lazy, there isn't really any way of making the mechanism work fairly.
            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

            Comment


              #7
              If it makes any difference I have received written consent from the landlady to move out.

              Comment


                #8
                It means the landlady doesn't know what they're doing either.

                If all the the tenants are renting the whole property on a joint agreement, there's only one tenant.
                You can't give notice for yourself because you're part of the (single) joint "tenant".
                The landlord can't agree something with you that separates you from the joint tenancy, without everyone agreeing the whole tenancy will end.

                Moving people in and out of a joint tenancy is very difficult to get right and messing with the deposit regulations by getting new tenants to "repay" previous tenant's deposit is an attempt to circumvent the law (which will go horribly wrong at some point.

                And apologies to the mods for continuing to name the company - my bad.
                When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                Comment


                  #9
                  Wow, I didn't realise it was so complicated renting a shared house. I have lived in shared houses for years with tenants moving in and out, had no issues at all. Admittedly I always dealt directly with the landlord with no agency involved. This is the second time I have rented through an agency and its looking like both times will prove to be difficult! Thanks all for your advice.

                  Comment

                  Latest Activity

                  Collapse

                  • Oven light not working
                    artin
                    Hi
                    I have a new tenant, a fussy one. I had a new bed base and mattress delivered for him, the first day he moved in complained mattress is too soft so had to replace and lost money on the other one
                    Then he called the grill in the electric oven is not working which I knew from previous tenants...
                    20-10-2019, 14:54 PM
                  • Reply to Oven light not working
                    AndrewDod
                    What a dreadful waste and environmental disaster that would be. Every appliance would have to be replaced when one small aspect of it became non-repairable. One would not do that as a normal homeowner (throw out perfectly good and safe ovens with a minor defect, a whole refrigerator with a small crack...
                    20-10-2019, 21:05 PM
                  • Viewing - Should I be concerned?
                    Flashback1966
                    I had a property viewing. The agency told me the prospective tenant is a woman. No one came. Agency was unable to contact the woman. I was about to leave, when about half an hour later, a man rang the door bell.

                    He was a heavily built Bulgarian man. He was well dressed and wearing a...
                    20-10-2019, 17:03 PM
                  • Reply to Viewing - Should I be concerned?
                    AndrewDod
                    Anyway if there is a broadband connection it would be worth setting up a £50 webcam in unoccupied properties....
                    20-10-2019, 20:53 PM
                  • Reply to Viewing - Should I be concerned?
                    Hudson01
                    Agree with ash72 i would not have allowed HIM in when i was expecting a female, i too would forget about squatting and be concerned about other criminal activities should it be let to them...... i would also be speaking with the agent to check their vetting procedures.
                    20-10-2019, 20:43 PM
                  • Reply to Oven light not working
                    artin
                    The T said the mattress is still sealed, company said they won't take it back if used for hygiene reasons. I am still waiting for the refund, takes 2 weeks. It was bed base and mattress set deal, the base was discounted to half price so I have to pay full price for the base as I am keeping it plus they...
                    20-10-2019, 20:05 PM
                  • Reply to Oven light not working
                    artin
                    I bought the same exact bed set base and mattress 6 years ago from the same place for another tenant and never complained. This T moved in and within hours he called the estate agent and told them to it's too soft and can't sleep on it and the agent asked me to replace it as if I am hotel, I did replace...
                    20-10-2019, 19:48 PM
                  • Reply to Oven light not working
                    Flashback1966
                    Consider yourself lucky, you had a repair to the grill, which you managed to postpone for a long time. Having the oven repaired, it seems unfortunate the bulb needs replacing. If you are worried about the bulb holder, may be the oven needed replacing? So you are chasing good money after bad. Sometimes,...
                    20-10-2019, 19:34 PM
                  • Notice Period
                    Dazzadog
                    Hi,

                    I'm hoping someone can advise.

                    We've been renting our property since 27/07/09, initially for a term of 12 months after which it was never renewed. The initial contract states the following:

                    'To end this agreement two months written notice will need to be given...
                    20-10-2019, 11:39 AM
                  • Reply to Notice Period
                    Lawcruncher
                    • 1) By making it clear in the original tenancy agreement that the tenancy will become a “contractual periodic tenancy” after the fixed period (the word “contractual” should be stated).

                    I agree that the agreement needs to be clear, but not that he word “contractual” should be stated.
                    20-10-2019, 19:16 PM
                  Working...
                  X