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  • Property-a-holics

    Access to property; Survey etc.

    So bought a property (student BTL) through one of these online auction things, which seem quite unpleasant in themselves.

    Anyway, obviously need to gain access for Surveys etc., the allowance for such things is in the T&Cs. The current Agent managing the property has been reluctant to allow access, has allowed it for the Mortgage Val Survey (with a week+ delay), has done for my proper Survey - but tried to charge £100 access to the Surveyor, and when I wanted a follow up survey with my refurb guy held me to ransom over allowing access (I'd booked hotel to stay locally), couldn't meet my request for a certain day despite giving 6 days notice, and is trying to charge £100 for access. Tried to get me to pay upfront (I didn't) and has now sent a crappy looking invoice and put VAT on it which was never mentioned.

    It's only 100 quid, well actually 120, but it's the principle. What would you do?

    PS I hope these jokers are reading this because after some issue with my planned agent I would've let them continuing managing next year, which is worth considerably more than 100 quid to them!

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    check if they are VAT registered.

    have you completed?  If so, you don't have an agreement with the agent so just ignore them and deal with the tenants directly (presume there currently are some?)

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    No it's not at that stage - only a week or so after the online auction finished and now in the conveyancing process. Exchange in about 3 weeks and Complete 4 weeks after that. I just think it's wrong to try and charge for access - maybe if I was trying to access many times! But 2-3 times!

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    As far as I know, if VAT isn't quoted originally, it can't be added later.

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    Yes I think that too. Also the Invoice is illegal as it doesnt have their VAT number and the details are sketchy and don't comply with HMRC requirements on VAT invoices!

    Notwithstanding that... any thoughts on the charging a random number for access in the first place???

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    Hi J50 - I'm the CEO of Bamboo Auctions, we're an online property auction marketplace. We work with several partner agents and I've never heard of any of them charging for access...I would certainly challenge the invoice, although it does completely depend on the terms of the purchase - what do the online auction conditions say (should be contained as part of the legal pack)? 

    In any case, it doesn't sound great to be honest - the agent ought to be doing all they can to ensure the transaction gets to exchange and then completion - particularly as it's in the best interest of their seller client. It might be inconvenient for them to get you access to the property, but it should be done.

    I would also speak directly with the online auction provider, to see if they can resolve the position internally as well. 

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    Sell your property with 

    2 Angel Square | London | EC1V 2NY
    0330 088 9659

    Hello - yes not you guys, someone else. I will challenge it, and agree with everything you say. Thanks for your thoughts. Here's the wording from the agreement:


    According to the terms of the purchase agreement, the Seller agrees:

    “To give such access to the Property as may be reasonably required by any surveyor or valuer

    appointed by the Buyer or the Buyer's mortgagee for the purpose of surveying and/or valuing the

    Property;”


    Now you could argue that after a Mortgage Valuation Survey and my Buildings Surveyor that this is not included in the above. However mine was a follow-up to my Surveyor's comments and booked as that, and they did try to charge my Surveyor!

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    Auctioneers are trying to find ways to make extra funds these days a bit like ryan air / easy jet etc charging if you want to choose a seat etc. I noticed last month one of the big players say they were going to charge too for access (Allsop) there's more and more fees being put into legal packs these days,

    just recently on a 182.5k purchase there was 4k auctioneer fee, 1k valuation fee and over 3k legals fees (5%) - crucial to read T&C's these days as legal docs / special conditions.

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    regards Andrew Peers - property investor / sourcer - 07912674181

    a.peers@seamlessproperty.co.uk

    Property Redress Scheme Number 011436     NLA member 174404

    I am not sure what you mean by agent. If you mean the letting agent who was acting for the person who sold the property then they have no right to charge you for anything or tell you in any way what to do once you take ownership. There is no agreement between you and them and they have no right to bill you or obstruct your access to your property.

    The only way they can have any control if if they act for the auctioneer or vendor. If it is for the vendor and you have not yet got the title transferred to you then they can charge reasonable fees for their time. If they act for the auctioneer then it depends on the terms if the auction sale agreement

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    David Smith
    Landlord & Tenant Solicitor
    Anthony Gold Solicitors

    Find me on LinkedIn: uk.linkedin.com/in/dsnsmith

    All opinions are my own and do not reflect those of my firm. No comment made should be taken as legal advice and you should consult a solicitor or other legal professional for advice on your specific situation.

    The Fees are high for such online auctions but so long as they are stated and transparent that is fine... I would, and did, reduce the amount I paid in the auction by the Fees involved that are added to the final price. It's the Seller that is losing out at that point. Any other fees should also be transparent, they could try and charge me £1000 for each access if they so desired!

    The Agent I refer to is the Letting Agent of the Vendor, who manages the property/tenants, not the Auction house - though on this occasion the Auction house is part of the same group of companies.

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    It's almost as if the Government is listening to you!

    https://www.gov.uk/government/news/gover...ent-market

    "Estate agents will now be required to hold a professional qualification and to be transparent about the fees they receive for referring clients to solicitors, surveyors and mortgage brokers."

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    Sell your property with 

    2 Angel Square | London | EC1V 2NY
    0330 088 9659