Agency Fees - Small Claims Court

[boff123]

Hi.

Just found this site - some great advice. Perhaps someone can help with my problem.

I began letting a property under a tenancy agreement in Feb 2006. In January 2007 my partner received a call from the agents asking if we would like to let the property. It was a very brief call. My partner said yes and thought would just get new agreement through. However, we received the agreement plus an invoice for £100 to cover admin fees to renew the contract.

The size of the fees is a side issue (they are totally unreasonable) as I just oppose paying for a service that I never agreed to. The agent never mentioned fees at any stage.

I wrote to the agent saying I would not pay the fees and they called me to say unless I paid 1/2 of the fee they would take me to the small claims court.

I am prepared to go to court if need be as I will not be bullied into paying the money over but I have a few questions that I hope someone can help with?

> What are the chances of the agent winning his case in court?
> Has anyone been taking to court by an agent on this basis?
> Is my credit rating affected by the small claims court finding against me?
> Am I liable for any costs other than the £100?

[blacksheep1979]

If you lose and pay straight away your credit record won't be affected, you may have to pay court costs as well.

As to the rest are you the tennants or the owners of said property - its not 100% clear.

[boff123]

Thanks for that.

Slightly concerned I'm taking on risk of substantial court fees.

We are letting the property from landlord with agents just dealing with original letting of property and the renewal. They do not manage the property.

The renewal fee was never mentioned in any correspondence nor in the phone call in Jan 2007 when we agreed to take on property for another year.

[Advoc8]

If it's a small claims track case and you lose then you'd have to pay their court fees but not other expenses (unless you act unreasonably - e.g. don't file court documents).

[blacksheep1979]

for £100 I think it would only be £30 - not some extortionate legal bill for 100's of hours solicitor costs.

You could possibly stay on in the property till they give you notice. Or sign the contract and state that you never agreed to the fee - would have been easier if they hadn't claimed it till after you signed though.

[boff123]

Situation is even more bizarre as the original agreement sent through by the agency was incorrect (it contained the incorrect address) so I redid it myself. Can't really see whey I can't invoice them for £100 for admin fees to redo the contract in the correct form.

I have spoken to agency and said that if they wish to pursue it then I am prepared to go to small claims court.

[lastattemptbutone]

Hi there - I'm in a similar position, and have recently posted on this. I'm thinking of contacting OFT about it, but not sure how to proceed.

Would be grateful and interested to hear whether you ever went to court and what the result was. Also would be curious to know which estate agent you were with!