Renting out a property: when the rules change next year, landlords will need to negotiate with letting agents to get the best deals

Tenants are soon to be spared letting agents' fees. But landlords must also fight any bid to pass the burden on to them...
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Victoria Whitlock24 January 2017

Landlords, brace yourselves. The Government has announced that it is to ban letting agents from charging tenants and that can mean only one thing: your agent is going to charge you more to make up the shortfall.

We don't yet know which charges will be outlawed, or whether the ban will extend to tenant referencing or credit checks. We don't even know when the changes will happen, as first there will be a period of consultation. However, it seems likely that agents will be blocked from charging "admin fees" from next year.

Given that some were pocketing several hundred pounds in admin fees from each tenant, that could hit their champagne budget quite hard.

As a result, they are bound to want to squeeze more out of their other cash cows — ie, us landlords.

They will try either to increase the commission they charge landlords, or bump up other charges such as the fee for tenancy agreements, deposit protection or all those other "extras" they whack on to our bills. So what are we going to do about this? We're going to fight it, that's what.

When your letting agent tells you that they are increasing their charges, just say no. If they try to insist, threaten to take your business to a rival and I bet you they will back down.

Former London letting agent Paul Rowland, who has now jumped ship to run his own property management company, Acara Property Management says letting agents' fees are always negotiable.

"They'll usually come down one or two percentage points, especially if you let on that you are considering using a rival agency instead," he tells me. Rowland doesn't think agents will be less willing to negotiate once they are banned from charging tenants. "Charging tenants only started about 10 to 15 years ago because agents thought they could get away with it," he says.

Oh and by the way, don't fall for the oldest trick in the book, which is the promise of reduced commission only if you allow the agent to market your property on an exclusive or "sole agency" basis. "It's better to instruct three agents," says Rowland. "Agents will tell you it will look desperate, but they just don't want the competition."

"Normally, if you tell them that you will instruct them on a multiple agency basis at the lower rate of commission or not at all, they'll accept." Equally, Rowland tells me that certain other charges, such as the cost of the tenancy agreement, can also be waived, as long as you negotiate hard at the outset. He says agents consider these "money for old rope" or "bargaining chips" — so don't pay them.

Renewal fees, which agents charge if a tenant remains in a property after the end of the original terms, are also negotiable, says Rowland.

"Some agents will waive them completely to get your business, as long as you do this before you sign the contract."

You can also reduce your agents' fees by not being coerced into agreeing a tenancy for longer than 12 months. Some agents try to get you to do this so they earn more commission, but there is no advantage either to you or to your tenant. If you both want to renew the tenancy after a year, renew it.

Simple.

Obviously, letting agents deserve to earn a decent fee for the work they do on our behalf. I'm not suggesting landlords drive them into the ground — just that we negotiate the best deal we can, so that we don't end up paying for the fact that tenants can no longer be bled dry.

* Victoria Whitlock lets four properties in south London. To contact Victoria with your ideas and views, tweet @vicwhitlock