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Renewal Fee Refund

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461 views 1 replies latest reply: 01 August 2016

Just wondering if anyone can offer any advice. 
The house we are renting was managed by a letting agent which earlier on in the year a new letting agent took over. We was meant to re new the tenancy back in March which we thought was fine and paid our £150 renewal fee to the old letting agent. The new agent took over and we had a phone call out the blue saying the landlord had changed her mind and that the house is going up for sale so was put on a month by month agreement. This was after we signed a year agreement and sent it back. I queried the £150 fee we paid and they said we will get it back. Fast forward 3 months and we have now handed in our notice of our intention to leave which is all fine. I have queried the £150 again and asked if I could just pay £150 less when we make our final rent payment. The letting agent said they need to now enquire with the old letting agent as we paid it to them and technically wasn’t paid to them. Just wondered if anyone knew where we stood should I just pay less rent on our final month and tell them they need to sort it or wait and hope we will get our refund from the old letting agent?? I really don’t think we will and I will have to fight and hassle to get it back 

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Hi Paula,

A little tricky really. The reality is you paid the letting agent so the agreement is with them. As such, you need to liaiise directly with that agency to insist on a refund.

At the same time, they were acting on bahlef of the Landlord so you COULD argue they are liable. However, Landlords are not typically liable for charges applied by agents in these circumstances.

Because the amount is so low, you wouldnt be able to really take any worthwhile action in this regard.

I would recommend that you contact the old agency and give them 7 days to return the £150 or you will report the matter to the Redress Scheme (all agents by law are required to join one of 3 UK Redress Schemes for Letting Agents such as TPOS). This should get the money back quickly. If they are not a member of a Redress Scheme this is a breach of regukations and you can report the matter to your local council.

Also see if they are members of any )letting agent) trade bodeis such as ARLA, NALS, RICS etc- if they are, they are also bound by scertain codeos of conduct and this could therefore be reported as a breach to the relevant/applicable group.

Hope that helps.

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