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mmmggg
7th December 2010, 22:13
Hi,

Can someone please tell me if the Short Assured and Assured Tenancies agreements apply to both commercial and residential properties?

I currently rent a commercial property and i have been charged for a tenancie agreement. I know this is not legal for residential i just want to make sure it is the same for commercial before i confront the owner.

Tenancy Agreements - No fee can be charged in relation to the drafting of the tenancy agreement or associated documents or for the provision of copies of these documents to the tenant. (Housing (Scotland) Act 1988)

Would this make the tenancie agreement void?

AGSmiff
9th January 2011, 14:32
Residentially, agents charge a fee for drafting tenancies to their clients (landlords) and in some cases will charge the tenant if the tenant is the one in some way responsible for the tenancy having to be modified out with the terms in it for example...

If you are taking a tenancy over from someone who wanted out of their current tenancy early then the standard setup is that the current tenant who wishes to vacate should pay the fee for the draft of a new lease.

So the question is...did you do something that is non standard or would in some way need the agent/landlord to prepare the lease outwith normal circumstances? If not then they shouldn't b able to charge a fee for preparing a lease for a new tenant or renewing a tenants lease.

Commercially, you would have to check the t&c's of the agent/landlord who is preparing the lease document. Chances are they are not charging you for the prep of the lease but applying some B.S. admin fee which includes preparing the lease. If they really want your business then I'd assume they would waive this fee if you are taking a long term self repairing lease.