Proof of Reference checks? - Agency Fee

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    #16
    Sadly they are not "your" agent - they are landlord's agent.

    Except where you pay them for a service as in this case.
    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...

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      #17
      They paid an admin fee to process their application and to prepare the tenancy agreement, and they did exactly that, and OP got a tenancy and moved in.
      This has been said several times in this thread, but OP is out on a mission to fight the agent's "bullshit".

      Checking references is not a service to prospective tenant, it is a service to landlord which cost is passed on to prospective tenant.
      If agent in fact didn't do it then it's the landlord's problem. Here it seems that OP has told landlord, dragging her in his mission.

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        #18
        Suspect if this got to court the Judge would decide tenant paid agent for a service and thus a contract existed with the usual duty-of-care & consumer protection stuff.

        Understand where you are coming from JJ & suspect many landlords & agents firmly & genuinely hold the same views but I suspect Judge would say different.

        Can we agree to differ?

        Cheers!
        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


          #19
          Originally posted by jjlandlord View Post
          Yep, let OP pay another £10 to agent to get that.
          An agent cannot make a charge for information to which you are legally entitled. Same applies to L's name & address under S.1 L & T Act 1985
          The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

          Comment


            #20
            Originally posted by jjlandlord View Post
            They paid an admin fee to process their application and to prepare the tenancy agreement, and they did exactly that, and OP got a tenancy and moved in.
            This has been said several times in this thread, but OP is out on a mission to fight the agent's "bullshit".

            Checking references is not a service to prospective tenant, it is a service to landlord which cost is passed on to prospective tenant.
            If agent in fact didn't do it then it's the landlord's problem. Here it seems that OP has told landlord, dragging her in his mission.

            The agency told me the fee was for:
            Processing of current/previous landlord reference.
            Processing of current/previous employer reference.
            Use of Credit reference agency to check applicant and Guarantor:

            (a) For any County Court Judgement (CCJ)
            (b) For any bankcruptcy & Insolvency.
            (c) For current address confirmation.
            Setting up for the tenancy agreement.
            Safe keeping of holding deposit until moving.

            That is way I say they didn't do what was paid for, as we know they didn't check landlord or current employer.

            Of course I could be wrong, that is why I am asking here for advice/help. And if they tell me that the fee is for that, and I realize not everything has been done, then I guess is normal to ask for a proof.

            Also I was kind of angry with them because we paid 2 fees, 1 fee could be ok, but the fee for the second person, is like paying double for "safe keeping of holding deposit" or "setting up the tenancy agreement". Things that they have to do anyway for 1 or 2 fees. And then you realize that perhaps they didn't do any check references.

            For me that is a dodgy, and that is why I am complaining.

            Comment


              #21
              Originally posted by Paul_f View Post
              An agent cannot make a charge for information to which you are legally entitled. Same applies to L's name & address under S.1 L & T Act 1985
              we had to pay the statuary £10 fee for our "own" information off the agents and even then they didnt comply fully.........

              Comment


                #22
                Originally posted by Paul_f View Post
                Nobody has mentioned it but under the Data Protection Act you are entitled to be given the agency name that carried out the referencing checks, and to give you the source of those checks that they made on behalf of the letting Agent.
                Originally posted by Paul_f View Post
                An agent cannot make a charge for information to which you are legally entitled.
                I admit I haven't read the whole of the Data Protection Act so perhaps you are referring to a specific section.
                However, the well known section 7 says that while a person is entitled to know the personal data held on her, and its source, the 'data controller' is equally entitled to charge up to £10 for the work.

                Comment


                  #23
                  Paul: Suggest you see what the Information Commission says...
                  http://www.ico.gov.uk/for_organisati..._data.aspx#fee
                  Can I charge a fee for dealing with a subject access request?

                  Yes, an organisation receiving a subject access request may charge a fee for dealing with it. If you choose to do this, you need not comply with the request until you have received the fee. The maximum fee you can charge is £10. There are different fee structures for organisations that hold health or education records (where the maximum fee is £50, depending on the circumstances).

                  Although you need not comply with a request until you have received a fee, you cannot ignore a request simply because the individual has not sent a fee. If a fee is payable but has not been sent with the request, you should contact the individual promptly and inform them that they need to pay.

                  Some organisations choose not to charge a fee. However, once you have started dealing with an individual’s request without asking for a fee, it would be unfair to then demand a fee as a way of extending the period of time you have to respond to the request.
                  btw I HAVE read the whole DPA Act: I do not recommend this course of action...
                  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


                    #24
                    Originally posted by theartfullodger View Post
                    btw I HAVE read the whole DPA Act: I do not recommend this course of action...
                    Hats off to Artful.

                    Comment

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