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Letting Agents, Landlords, or anyone with experience of ASTs - can you help please?

8 replies

bibbitybobbityhat · 14/02/2011 21:59

Just posting a quickie on behalf of a relative who has seen a flat he wants to rent on an AST.

The flat is let to another tenant at the moment and he will be leaving in about three weeks time.

After that, the Landlord has said he will redecorate and deep clean. The flat is shabby and needs it.

My relative wants to know when he will be expected to pay his admin fees (to the letting agent), his deposit and first month's rent.

I said he shouldn't part with anything until he has actually seen the flat is vacant and has been redecorated as promised. And he certainly shouldn't pay the first months rent until the first day of his tenancy.

But I think the LAs will expect payment of their "admin" fees upfront - even though my relative will not be able to see the flat in its finished state for at least another month or 6 weeks.

Anyone know where he stands legally on this?

tia

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WhenDoISleep · 14/02/2011 22:21

We paid a holding deposit (non-refundable, but part of the total deposit) when we confirmed we wanted to rent the property and and the balance of the upfront money (effectively the deposit, first months rent and the reference fee) on the first day of the tennancy.

HTH

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WhenDoISleep · 14/02/2011 22:23

Just to add there was an 8 week gap between paying the holding deposit and the beginning of the tennancy.

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halfcaff · 14/02/2011 22:27

I think if you want to secure the flat you have to put some money down - you could risk waiting but it may go to someone else. If the flat is not in a satisfactory state when the time comes then if it is a reputable agent they will be on your side. Money won't go to the landlord until you are happy to move in.

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lalalonglegs · 15/02/2011 08:05

You can have it written into the contract that the flat will be cleaned and decorated before your occupation on such and such a date.

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QuintessentialShadows · 15/02/2011 08:16

I am a landlord.

My tenants dont pay admin fees, I do. I pay the estate agent commission on the rent for the first year, up front. The only thing I would expect the tenant to pay is the month rent and deposit. This is usually paid to secure the property.

Your relative needs to enquire about this, as I think he/she should not be expected to pay any admin fees, not on a private let, I shouldnt think.

Any specifics the tenant wants, is usually mentioned in the contract. For example, one tenant wanted to specify what furniture I would supply. You relative should ask the letting agent to include in the contract (usually on the first page) that the flat should be deepcleaned and redecorated prior to the commencement of your tenancy. I would also specify what decorations work should take place. Such as changing all carpets, cleaning all curtains, painting all walls, skirting and doors. Otherwise the landlord might paint one wall and say "oh, but I have decorated".

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lalalonglegs · 15/02/2011 14:11

Quint, I was horrified to find (when I used an agency - a respectable one too) that my tenants had been charged all sorts of crap in order to rent my flat: credit checks/contract fee etc etc. It came to about #300 each and then the agency was charging me commission too, they were then charged again when the tenancy was renewed the following year even though it was all perfectly straightforward and nothing more than putting their signatures on an identical piece of paper with the dates changed. It really is a gravy train for the agencies. Now I rent out privately and only charge my tenants the costs of the credit check.

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bibbitybobbityhat · 15/02/2011 23:38

Thanks for the replies!

Well, they've paid £380 admin fees Shock, £1,000 deposit and I've told them on no account to pay any rent until they sign the TA which, ime, is usually moving in day.

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QuintessentialShadows · 16/02/2011 09:36

bibbity, can that be right?

The tenancy agreement is usually signed before any monies change hands!

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