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Can an estate agent charge me a fee I was never told about?

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ketchupkid | 08:48 Thu 13th Sep 2012 | Law
8 Answers
Hi,

I recently renewed my yearly contract on my flat. About 2 weeks later I received a bill for £156 for renewing the contract. Nobody had told me at all that there would be a fee, let alone that much.

The estate agent started emailing and phoning about three months before the end of the contract trying to find out if I was renewing or not. At that point I wasn't sure, and contractually I'm only obliged to give 1 months notice so I kept telling him I'd let him know. In the end I gave him well over a months notice. He then said there was going to be a proposed rent increase of £100. After much negotiation we agreed on an increase of £30 instead. However when the new contract came through it still showed the original amount. I didn't mention it signed and signed anyway so after wasting a lot of everybody's time, nothing has changed. The contract is all online, you click a button to sign. I can't actually understand what I'm paying for, they haven't had to do anything, the one change they should have made, they forgot to do.

Where do I stand on having to pay the bill? And who can I make a complaint to? I'm going to phone the estate agent but is there any kind of governing body that I could complain to?

Any advice would be much appreciated,
thank you
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Fee's for renewing tenancy contracts are pretty standard and almost always an extortionate amount.

But I'd be hugely surprised if there was no mention of charges in your original contract. I suggest you read it thoroughly to check and then if there's no mention contact the agent.
I am a landlord and my tenant had the same problem. The agent did say that the tenant could contact them, and plead poverty, and they may lower the price. It is legal though, although I had never heard of it myself before.
If it is not in the agreement you do not have to pay the fee, it is not possible, without consent, to include post contract conditions and charges though as has been said this is not an unusual term, check your agreement very carefully.
If you wish to take the matter further I would first check to see if the agent is a member of a trade association who may have a complaints service, as may the agent, the Shelter organisation is also helpful as will be a local solicitor who has experience in housing law.
Question Author
Thank you for all your answers

I've re-read the contract and every email I received and there was definitely no mention of a renewal fee. I have had this kind of charge before in places I've previously rented, but they've always warned in advance that there will be a cost, and also it's never been as high as that before. It's just frustrating because I feel like they've done absolutely nothing to earn the money, and also I don't feel like they've done their job properly. I'm going to speak to them but I've got a horrible feeling I won't get very far!
The agency isn't Gatekeeper by any chance is it?
Question Author
No, it's KFH, Kinleigh Folkard & Hayward
Is there anything in the documentation which might refer to other terms and conditions being in place (eg in a separate document) which could apply?
I am surprised at KFH whom I have always thought of as well established and professional agents, ring them and ask why you should pay as it is not in the written agreement, their answer will be interesting.

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