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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I have an agreement with a letting agency to collect rent on

Customer Question

I have an agreement with a letting agency to collect rent on my behalf. On page 1 it stays 10% of rental subject to minimum on page 7. On page 7 there is only a table titled: EXAMPLE CASH FLOW. In the table it has different rent amount, different fees, different staging payments. In smaller print it says subject to minimum £2800. The letting agent say this minimum fee number applies to me, but I feel it is unfair because this is in a table of numerous hypothetical figures, where none of the others numbers matches my circumstances. On page 7 there is nowhere else to mention a minimum fee. How is the best way to argue this (if at all)?
Submitted: 8 months ago.
Category: Law
Customer: replied 8 months ago.
More precise wording for bullet on Page 1 & 7 follows.Page 1: The agreed fee for the Rent Collection Service will be 10% of the rental income for the intial term of the tenancy subject to a minimum fee as stated on the cashflow on page 7Page 7 heading: EXAMPLE: TABLE OF FEES FOR RENT COLLECTION SERVICE - CASHFLOW Based on 36 month Rent Collection Service at monthly rent of £950First line of the table: 12.5% Rent Collection Fee (subject to minimum fee of £2800)I think it is reasonable to assume this figure is hypothetical rather than actual because all other figures in the (16 line * 3 column) table are different to mine.
Expert:  Ash replied 8 months ago.
Hello my name is ***** ***** I will help you.If it says £2800 minimum here, where is the confusion please?Alex
Customer: replied 8 months ago.
I don't want to accept this offer. I want to get a refund please. Thanks
Expert:  Ash replied 8 months ago.
Thats ok - we can continue to speak online only. I just need to know to be clear it says later in there is a £2800 minimum fee, is that right?
Customer: replied 8 months ago.
Not in a straightforward way. There is a cash flow example with all different figures in it, not the same as mine. In that table a minimum is cited. I don't think it is clear that this applies.
Expert:  Ash replied 8 months ago.
You said: First line of the table: 12.5% Rent Collection Fee (subject to minimum fee of £2800)This implied minimum fee of £2800?
Customer: replied 8 months ago.
Not to me it didn't. Because th table is for different rent amount, different % fees and different payment structure. However now the tenant has terminated early and the agent has applied this minimum and kept the money.
Customer: replied 8 months ago.
My question is, is it adequate to put a key term into an example - where the rest of the example isn't applicable?
Customer: replied 8 months ago.
I haven't got an answer to my question. I want to get a refund please. Thanks
Expert:  Ash replied 8 months ago.
I am willing to assist you but I need to be clear about what the document says. Can you attach it here?
Customer: replied 8 months ago.
Tried a couple of ways to get this to you. The file is 7.9mb and your site is rejecting it. Any alternative?
Expert:  Ash replied 8 months ago.
Can you reduce the resolution and try.Or email it to***@******.*** - but if you email it they take 24 hours to send it to me
Customer: replied 8 months ago.
I split into 3 - attached.
Customer: replied 8 months ago.
Let me know if you do not have pages 1-15 in 3 parts
Expert:  Ash replied 8 months ago.
I have 2 parts 1.-5 and 11-15
Customer: replied 8 months ago.
part 2
Expert:  Ash replied 8 months ago.
On all 3 documents I get:This XML file does not appear to have any style information associated with it. The document tree is shown below.Can you email it instead?
Customer: replied 8 months ago.
take2
Customer: replied 8 months ago.
take3
Customer: replied 8 months ago.
either of those work?
Expert:  Ash replied 8 months ago.
The second one did. Let me have a look
Expert:  Ash replied 8 months ago.
Can you send me just page 1, as I dont have that
Customer: replied 8 months ago.
6-10
Customer: replied 8 months ago.
1-5 thanks
Expert:  Ash replied 8 months ago.
That file does not work. Just scan and send me page 1
Customer: replied 8 months ago.
1-5 still not working?
Customer: replied 8 months ago.
page 1
Customer: replied 8 months ago.
page 7
Customer: replied 8 months ago.
asdfadsf
Customer: replied 8 months ago.
assadfa
Customer: replied 8 months ago.
I think it must be a problem with the funny characters in the pdf names sorry. I used a weird online tool to split the doc up
I think the renaming has worked - or there are two fuzzyish screenshots
Expert:  Ash replied 8 months ago.
Ok got it now. Where is the term which says the fee is £2800 minimum?
Customer: replied 8 months ago.
well there isn't one that I can see. The only place where it is mentioned is on page 7 in the example cash flow - with all other figures being unrelated to my contract
Customer: replied 8 months ago.
..in that example
Customer: replied 8 months ago.
also, something nondescript in 3.1 on page 11 which refers back to page 1
Expert:  Ash replied 8 months ago.
Right I have it now, I see yes. The way I read the contract is that they charge 10% of rental with a minimum fee of £2800. The rent collection service part of the contract says its 10% with a minimum fee as on Page 7.Page 7 shows 12.5% fee (reduced to 10% by the agreement) with a minimum fee of £2800.What you have there in the table is an Example of costs, not actual costs.Therefore the 10% is the fee but with a minimum of £2800. its not worded very well and could be drafted better. But assuming that the Page 7 document was together with the main contract then it would appear 10% and a minimum fee of £2800 is clear. It is also signed at the bottom saying the person AGREES to this and the minimum fee of £2800Can I clarify anything for you about this today please?Alex
Customer: replied 8 months ago.
OK, can I go back to my earlier requests and get a refund on this please. Thanks
Expert:  Ash replied 8 months ago.
Yes if I could ask you to contact customer services please. Thank you.

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