Paying to change Lease

StephenOT

Hi all,

Myself and a friend recently moved into a three bed apartment. This was done through a letting agency. We let the agency know that we would be looking for a third person once we had moved in but we would pay the full rent in the mean time. The letting agent said that this would be fine. We have found a third person to move in and we have asked the letting agency to send her the lease to sign but they are now saying it will cost €300 to add her to the lease. Can anyone tell me if this is legal or if there is anything that we can do?

Emma2019

Does the lease you signed specifically rule out subletting? Because if not you could just sublet to her.

300 quid for almost zero work on their part is ridiculous.

StephenOT

Hi Emma, unfortunately it does rule out subletting.

I know it's crazy for just adding a signature to a document.

The worst part tbh is that there was no mention of this fee when we told the agency that we would be looking for another person to move in.

ec18

the tenancy does have to be reregistered with the RTB as well which is 90e?

cromelex

I've had to do this in January this year with IRES, they only charged me a 30 euro admin fee to add a name to a lease.

300 euro is scandalous.

Xterminator

there is a fee to amend the lease terms after the fact. that is reasonable. the last poster advised that there is a 90e fee to register with PRTG that would be incurred on your behalf. i dont think this is the case. however they do need to sort out the paperwork, reissue, and update with PRTG and the would reasonable incur a cost for the administration overhead.

"No fee is payable when providing an update of tenancy details, once at least one of the original tenants is still part of the tenancy. If not, this is a new tenancy and a new registration is required." source https://www.rtb.ie/register-a-tenancy/update-a-tenancy-registration

the fact you were not told in advance that there would be a a fee is unfortunate. But it is not 'illegal'.

dennyk

StephenOT wrote: »

Hi Emma, unfortunately it does rule out subletting.

What does it say exactly? Contrary to popular belief, "subletting" does not mean taking on a licensee as a tenant while still living in the property you are renting. "Subletting" actually refers to moving out of the rented accommodation and renting it out to a subtenant in your absence. If your lease simply says that you cannot "sublet" without permission from the landlord, that term alone would not prohibit you from taking in a licensee while you live in the property (and while under the RTA you do need the landlord's permission to sublet the property even if the tenancy agreement doesn't specify that, you explicitly do not require the landlord's permission to take on a licensee; the only requirement is that you notify the landlord of the names of any such licensees residing at the property).

Claw Hammer

StephenOT wrote: »

Hi all,

Myself and a friend recently moved into a three bed apartment. This was done through a letting agency. We let the agency know that we would be looking for a third person once we had moved in but we would pay the full rent in the mean time. The letting agent said that this would be fine. We have found a third person to move in and we have asked the letting agency to send her the lease to sign but they are now saying it will cost €300 to add her to the lease. Can anyone tell me if this is legal or if there is anything that we can do?

Complain to the PSRA. An agent can't charge both parties to a transaction.

Dav010

Claw Hammer wrote: »

Complain to the PSRA. An agent can't charge both parties to a transaction.

The agent may not be charging the owner the administration fee for redrawing the lease.

Claw Hammer

Dav010 wrote: »

The agent may not be charging the owner the administration fee for redrawing the lease.

The owner has already paid a fee for the letting. The EA cant charge bothn parties to the same contract. The owner should be charged, not the tenant.

Dav010

Claw Hammer wrote: »

The owner has already paid a fee for the letting. The EA cant charge bothn parties to the same contract. The owner should be charged, not the tenant.

Owner paid for original lease, op wants to make material change by adding another person to it.

I suspect there is a misplaced decimal point if €30 is the going rate for administration fees.

ztoical

Dav010 wrote: »

I suspect there is a misplaced decimal point if €30 is the going rate for administration fees.

+1 I would expect 30 odd admin fee to change/update a lease but not 300. Check with them OP to confirm the amount and then ask them exactly what that cost is for.

Claw Hammer

Dav010 wrote: »

Owner paid for original lease, op wants to make material change by adding another person to it.

I suspect there is a misplaced decimal point if €30 is the going rate for administration fees.

It is the same letting agreement. The owner has to pay again.

PetitPois89

Claw Hammer wrote: »

It is the same letting agreement. The owner has to pay again.

It’s an assignment administration fee. It’s standard practice where an agency charges a fee that the tenant is liable for this cost. It’s perfectly legal

PetitPois89

The agency are charging you an assignment fee (i.e. adding another person to an existing tenancy agreement). €300 is very expensive. In the agency I work
In the charge is €100 and represents the work that goes into the assignment - gathering and processing the information, checking references, amending the tenancy agreement and amending the RTB registration, it’s time
consuming - hence the fee.

Claw Hammer

PetitPois89 wrote: »

It’s an assignment administration fee. It’s standard practice where an agency charges a fee that the tenant is liable for this cost. It’s perfectly legal

Certainly not legal.
PROPERTY SERVICES (REGULATION) ACT 2011
90.— (1) Subject to subsection (2), any provision (whether express or implied) in an agreement in respect of the sale or letting of land whereby the purchaser or tenant, as the case may be, is required to pay or otherwise bear the cost of the licensee’s fees or expenses in respect of the sale or letting, as the case may be, shall be void, and any moneys paid pursuant to such a provision shall be recoverable as a simple contract debt in a court of competent jurisdiction.

(2) Nothing in subsection (1) shall affect the liability of a person to pay fees or expenses to a licensee in respect of the acquisition of any land where the licensee has been retained by the person to acquire such land and does not also act, in respect of such acquisition, on behalf of the person from whom the land is acquired.

Graham

Mod Note

Claw Hammer, we've been through this before. Stop it.

Do not reply to this post.

ted1

PetitPois89 wrote: »

The agency are charging you an assignment fee (i.e. adding another person to an existing tenancy agreement). €300 is very expensive. In the agency I work
In the charge is €100 and represents the work that goes into the assignment - gathering and processing the information, checking references, amending the tenancy agreement and amending the RTB registration, it’s time
consuming - hence the fee.

+200 for a solicitor to draw up a contract.

Claw Hammer

ted1 wrote: »

+200 for a solicitor to draw up a contract.

What agency pays a solicitor to draw up a contract?