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New apartment lease - admin fee

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  • 02-03-2011 10:38am
    #1
    Posts: 0 ✭✭ Elisha Narrow Scalpel


    Hi Guys,

    Ive searched boards and cant find anything about this so forgive me if this has been discussed before.

    Can anyone tell me when moving into a new apartment has anyone ever had to pay an administration fee to the letting company, is this the norm. This is the first time ive seen anything like this....

    "An administration fee of € 80.00 (Eighty EURO) per group is payable on all successful lettings. (This is a standard charge and covers the processing of references, transfer utilities etc). "


Comments

  • Registered Users Posts: 3,174 ✭✭✭techdiver


    Never had to pay anything like that. Those costs should be recouped form the landlord as he is the one using the letting agent. Sounds like they chancing their arm to me.


  • Posts: 0 ✭✭ Elisha Narrow Scalpel


    techdiver wrote: »
    Never had to pay anything like that. Those costs should be recouped form the landlord as he is the one using the letting agent. Sounds like they chancing their arm to me.

    I know, thats what I thought. Its a beautiful place but no I feel very angry that this is being asked of me!


  • Registered Users Posts: 4,788 ✭✭✭ztoical


    Never used a letting agent to rent in Ireland, just rented direct but in the UK it's pretty standard. Have rented three different places in London and agent fees have ranged from £25 to £50 but when viewing places we had a few agents quote admin fees of several hundred quid [needless to say we didn't rent with them]


  • Registered Users Posts: 162 ✭✭Penguino


    I work in a letting agents and we have never charged the tenant an "admin" fee. All fees are paid by the Landlord

    Also studying with the IPAV and have never come across a situation when the tenant is charged at the start of a lease


  • Registered Users Posts: 12,206 ✭✭✭✭amiable


    Hi OP, i've never heard of this either.
    If i were you and if you are interested in the place i'd offer to rent the place but refuse to pay the admin insisting the landlord covers it.

    Good Luck OP


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  • Registered Users Posts: 1,003 ✭✭✭Treehouse72


    Do not under any circumstances pay this piss-take money. That's all it is - a price-gouging piss take.

    I would stand there and tell them you are willing to rent the property but not pay the admin fee - stand there and look them in the eye, in silence, and just let them try to tell you no deal. If they let you walk out the door, I'd try and find a way of letting the landlord know how unprofessional their letting agent is. Letting a several-thousand euro per annum rental walk away over €80 would mean they are acting unethically and not in the interests of their client as far as I can see.


  • Posts: 0 ✭✭ Elisha Narrow Scalpel


    They must be doing this for all their properties. My thoughts are why would something that takes 5 minutes to do cost me 80 euro.
    My problem with charges like these is that the agent is being paid by their client, the Landlord and under no circumstances should be taking money from tenants as it leads to a conflict of interest, ie: who is their duty of care to? You as a tenant are a customer and the Landlord is the client. By charging both of you, you both become Clients!!

    Is there some law or legislation against this?

    Im in a tight spot now cause we really have our hearts set on this place!


  • Registered Users Posts: 1,097 ✭✭✭xalot


    I used to work in the property area and it was always the landlord who you charge for checking references etc. Never heard of the tenant being charged. I'd refuse to pay.


  • Registered Users Posts: 1,443 ✭✭✭ams


    A letting agency tried to do this to me before but I refused point blank - the landlord paid it in the end - don't pay it as its not your responsibility.

    The property in question was advertised with Daft.ie so it wasnt as if I had gone into a letting agents requesting they find me a property or anything.


  • Registered Users Posts: 480 ✭✭not even wrong


    "An administration fee of € 80.00 (Eighty EURO) per group is payable on all successful lettings. (This is a standard charge and covers the processing of references, transfer utilities etc). "
    This is just a straight-up lie, for the agent to charge the tenant is extremely non-standard in the Irish letting market. Do not under any circumstances give these clowns your €80.


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  • Registered Users Posts: 350 ✭✭Baralis1


    This is unbelieveable. Do letting agents live on another planet? Next thing they'll be charging people to view properties. They're probably being paid by the landlord and think they'll get away with this extra fee. I mean what service do letting agents actually provide besides viewings if they have to be paid an extra fee for printing out what is usually a copy of a generic contract and making a phonecall or two to change utilities.


  • Banned (with Prison Access) Posts: 370 ✭✭bath handle


    It is illegal under The House Agents Act to do this. Find out if this so called agent is even licensed.


  • Posts: 0 ✭✭ Elisha Narrow Scalpel


    It is illegal under The House Agents Act to do this. Find out if this so called agent is even licensed.

    I had a read of the act. Can't find anything. Would you be able to point me in the right direction?


  • Closed Accounts Posts: 8 Catch yourself on


    As things stand at the moment, its a renters market.
    The ball is in your court.


  • Banned (with Prison Access) Posts: 370 ✭✭bath handle


    It is the amending act in 1971 you need to look at.


  • Banned (with Prison Access) Posts: 987 ✭✭✭Kosseegan


    It is the 1973 Act

    2.—(1) Subject to subsection (2) of this section, any provision (whether express or implied) in an agreement entered into after the commencement of this Act and relating to the sale, lease or letting of property (not being personal chattels), whereby the purchaser, lessee or tenant is required to pay or bear the cost of auctioneers' or house agents' fees or expenses in respect of the sale, lease or letting, shall be void, and any moneys paid under or on foot of such a provision shall be recoverable as a simple contract debt in a court of competent jurisdiction.

    (2) Nothing, in subsection (1) of this section shall affect the liability of a person to pay fees or expenses to an auctioneer or house agent in respect of the acquisition of any property in a case where the auctioneer or house agent had been retained by the person to acquire such property and does not also act, in relation to such acquisition, on behalf of the person from whom the property is acquired.


  • Posts: 0 ✭✭ Elisha Narrow Scalpel


    Kosseegan wrote: »
    It is the 1973 Act

    2.—(1) Subject to subsection (2) of this section, any provision (whether express or implied) in an agreement entered into after the commencement of this Act and relating to the sale, lease or letting of property (not being personal chattels), whereby the purchaser, lessee or tenant is required to pay or bear the cost of auctioneers' or house agents' fees or expenses in respect of the sale, lease or letting, shall be void, and any moneys paid under or on foot of such a provision shall be recoverable as a simple contract debt in a court of competent jurisdiction.

    (2) Nothing, in subsection (1) of this section shall affect the liability of a person to pay fees or expenses to an auctioneer or house agent in respect of the acquisition of any property in a case where the auctioneer or house agent had been retained by the person to acquire such property and does not also act, in relation to such acquisition, on behalf of the person from whom the property is acquired.

    This is great stuff!!
    So basically this states that they are breaking the law if they charge for fees masked as admin fees.

    I want to stop them from charging these fees altogether, what can be done to stop people like this who take advantage of people not in the know?


  • Banned (with Prison Access) Posts: 987 ✭✭✭Kosseegan


    Complain to the director of Consumer Affairs.
    Object to the licence renewal at the annual District Court licensing of estate Agents.


  • Registered Users Posts: 12,206 ✭✭✭✭amiable


    Kosseegan wrote: »
    Complain to the director of Consumer Affairs.
    Object to the licence renewal at the annual District Court licensing of estate Agents.
    All well and good and you are correct but the OP seems to really want this property and is worried if they stand up to the letting agent they won't get the property.
    If i were in the OP's shoes though i'd call their bluff and mention what you have stated here Kosseegan


  • Posts: 0 ✭✭ Elisha Narrow Scalpel


    amiable wrote: »
    All well and good and you are correct but the OP seems to really want this property and is worried if they stand up to the letting agent they won't get the property.
    If i were in the OP's shoes though i'd call their bluff and mention what you have stated here Kosseegan

    Would it be stupid to take the apartment and then look to get my money back?


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  • Registered Users Posts: 12,206 ✭✭✭✭amiable


    Would it be stupid to take the apartment and then look to get my money back?
    You seem to really want the apartment OP so that wouldn't be a bad idea.
    And if that doesn't work at least you have the apartment you really wanted all along.
    You have to do what suits you best.
    I can see where you are coming from OP


  • Posts: 0 ✭✭ Elisha Narrow Scalpel


    Yea I think that's what ill do, I'll have the year to either get my money back or contact the landlord about it if i can find out who they are.
    I'm sure the threat of revoking their licence will spur them into action.

    Thanks for all the advice people !


  • Registered Users Posts: 2,897 ✭✭✭Kimia


    Don't give them the money! And also if they are taking the piss with this, can you imagine how difficult it will be to get your deposit back???

    I would run a MILE away from them. Not a chance, doesn't matter how nice the place is.


  • Registered Users Posts: 6,584 ✭✭✭PCPhoto


    if you give them money - its an acceptance of terms .... so basically you agree they were right and in the eyes of the law you will appear to change your mind after you've paid ...kind of buyers remorse (ok...renters remorse)

    quite simply - inform them you are willing to take the place - if they waive the fee, if they say its a standard fee etc etc ... tell them its an illegal fee*.

    OP ... why don't you make contact with the owner of the place and inform them - I'm sure they would be more than happy to deal with you personally and waive all estate agent fee's.

    oh and please please do report them to the ombudsman (and if the estate agent is really annoying you can always goto the media/gardai ...if its illegal to do it I'm sure the Gardai would be interested as they could have defrauded loads of people out of money by the "alleged" illegal charges)

    *=not my opinion just a combination of other posters opinion based on information at the time


  • Banned (with Prison Access) Posts: 370 ✭✭bath handle


    Move in without paying the fee. Get the keys saying you will sort out the fee later. Agreeing to pay does not make you liable because it is illegal. After you get in report them.


  • Registered Users Posts: 2,897 ✭✭✭Kimia


    Move in without paying the fee. Get the keys saying you will sort out the fee later. Agreeing to pay does not make you liable because it is illegal. After you get in report them.

    Great in theory, and I agree about not paying the fee, but can you just imagine the hassle? Imagine calling them if there was something wrong with the oven or the plumbing, or if you needed something replaced.

    They sound like a nightmare, why would you shackle yourself to an absolute pisstake merchant like this? I mean, how nice can the apartment possibly be? Surely it can't be worth this kind of hassle, before you even move in?


  • Closed Accounts Posts: 4,124 ✭✭✭Amhran Nua


    Yea I think that's what ill do, I'll have the year to either get my money back or contact the landlord about it if i can find out who they are.
    I'm sure the threat of revoking their licence will spur them into action.

    Thanks for all the advice people !
    You've got them by the short and curlies on this one. I wouldn't take it without getting a significant reduction in rent, to be honest. They can cover it themselves for the trouble caused.


  • Closed Accounts Posts: 3 denot08


    @Elisha Narrow Scalpel

    Hi I am in the same boat and I suspect we are talking about the same agency here. Really resent having to pay €80 for nothing, agent didn't even show us around the property let the tenanat do it! Wondering did you pay it in the end or did you argue the toss and if so what was the result?

    Cheers


  • Registered Users Posts: 7,208 ✭✭✭bobbysands81


    Where is this development folks?


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