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Joy Nicholas
Joy Nicholas, Lawyer
Category: Property Law
Satisfied Customers: 2425
Experience:  Lawyer
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When a tenant pays their rent to a letting agent, is it

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When a tenant pays their rent to a letting agent, is it legal for the letting agent to deduct their fees, before passing on the any remaining rent to the landlord?
JA: What steps have they taken so far? Have they prepared or filed any paperwork?
Customer: The Tenant's moved in on 9th May, and I am still awaiting a valid and correct AST Agreement, 4-weeks later...
JA: Where is the property located?
Customer: Somerset
JA: Anything else you want the Lawyer to know before I connect you?
Customer: There have been lots of other problems with the Letting agents passing on my personal data to a company who are middle-men for the Deposit, before it is passed on to the DPS, also they closed my electric account and passed my details on to Spark Energy, go gain some commission, which I understand is against the 2017 Data Protection Law for Landlords and Letting Agents.
Customer: replied 1 year ago.
I'm not so concerned about the data protection issue, as I have spoken to the ICO and quoted the letting agency the 2017 Data Protection Law for Landlords and Letting Agents wording (which they have ignored, but have hidden an agreement to change these things into the AST, when the ICO specifically state that anything such as this must be in a separate document (not buried in the the AST or their Terms of Business (which they got me to sign and never gave me a copy of, but say it is to big to e-mail? I only saw the whole document at the end of the Letting Agents viewing the property, and no copy was given and no clauses were pointed out), and they should have evidence of 'opting in' and it shouldn't be a condition of service for the Landlord or the Tenants'). They see a fairly crooked outfit.I have made a formal complaint and received their response, but this consists more of the respondent's opinions over what they claim is correct, and next to nothing regarding the issues I have raised?
Customer: replied 1 year ago.
The question I most want an answer to is: 'When a tenant pays their rent to a letting agent, is it legal for the letting agent to deduct their fees, before passing on the any remaining rent to the landlord?
Hi, thank you for your message. Unless there is a agreement in place for the letting agency to deduct any fees they cannot do this. I hope this helps if you can please accept my answer there will be a box to do so and give me a five star rating for answering your question today top right corner of your screen and just answer will then credit me for helping you today
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Customer: replied 1 year ago.
Just further to my previous question of: ‘When a tenant pays their rent to a letting agent, is it legal for the letting agent to deduct their fees, before passing on the any remaining rent to the landlord?’Which Joy Nicholas answered with: ‘Unless there is a agreement in place for the letting agency to deduct any fees they cannot do this.’At the end of the initial viewing of the property with the Letting Agents, they got me to sign something, which they now keep referring to as the Terms of Business, buta) I was never given a copy of this
b) I have not been supplied with a copy, despite requesting this, and
c) I recall it was a fairly large document, which they say is too large to e-mail?I perhaps should not have signed this document, but have stood there reading it from cover to cover, but I was not expecting this to be in any way suspect. I imagine it also contains their clauses about transferring the electric utility to Spark Energy, as they gain commission for this, but this I know is against the 2017 Data Protection Law for Landlords and Letting Agents, which I have pointed out, so it strikes me that this could be comparable to someone committing a murder, and then coming up with a piece of paper from the victim, giving the killer permission, i.e. you can’t make a condition which over-rides the law, which seems to be the case with their T & Cs, which I have yet to see?!I intend to issue a summons early next week via MCOL (I have told them of my intention to do so), for the fee of £768 to be refunded, as they have not even supplied a correct AST Agreement after over 4-weeks.So to sum, my question is, does their Terms & Conditions which I have never been given a copy of give them all rights stated in it, even if I have never seen it, and these Terms & Conditions are against Data Protection Law. I believe it’s also law for the Tenants to be able to choose their own utilities.Spark Energy have an appalling reputation for making it difficult for people to leave and have also been fined £250,000.00 by OFGEM due to customer complaints, and Which Magazine rates them as joint 33rd, out of 35 energy suppliers, so I don’t think my tenants would have signed up to them by choice.
Hi, thank you for your message. You will need to post this as a new question.