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Go Back   The Consumer Forums > The Consumer Forums
The Consumer Action Group
> Residential and Commercial Lettings

Residential and Commercial Lettings This is the place for both Landlords and Tenants to discuss letting issues, and share experiences.


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Old 21st August 2006, 17:13   #1 (permalink)
CJ&theBOS
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Default tenancy agreement questions

Hi guys,

Can a property agents charge you if you pay them differently each month?
For example my girlfriend's property agents want her to pay by standing order each month ONLY. If she pays by cash then they charge her £10 for each time she does this.

Is it legal for property agents to be able to use tenants' deposits to make interest on them? (e.g. agents have 10 deposits from different tenants and puts them all in the one high interest account thereby profiting from money which isnt actually theirs)
I'm not having a go at property agents just wondered if it was legal to do this.
Because it isnt actually their money.

---------------------------------------------

The landlord will not be liable to you for any loss, injury or damage of whatever kind which you sustain from any defect or deficiency in any part of the subjects (items/equipment in flat) and you will be held to have satisfied yourself as to the condition of the subjects and contents and by your signature hereto you hereby renounce any claims against the landlord in connection herewith, provided, however that the Landlord shall take reasonable precautions on the receipt of written notce from you to prevent such loss. injury or damage


^^^ this part of the tenancy agreement. Does this mean that the tenant has to inform the landlord if anything is wrong with the flat and if the landlord does not sort it out and the tenant is injured THEN the lanlord IS liable yeah?
However if there is something wrong with the flat e.g. wiring of some appliances and the tenant is injured when using the appliance is the landlord liable? Given that the tenant had not given prior notice that the wiring is not fit for purpose.
Is this kind of thing usually checked at the inventory??? Which the tenant signs to accept the condition of the flat? What if there is no inventory taken?

thanks guys
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Old 21st August 2006, 17:42   #2 (permalink)
blacksheep1979
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blacksheep1979 Informativeblacksheep1979 Informative
Default Re: tenancy agreement questions

There is suggestion that deposits should be placed in a seperate account and when return interest is returned as well however this is unlikely to happen and its perfectly legal for them to only return what you gave them.

If its written into the contract about payment methods then yes they probably can charge £10 as it will cost them in time (handling the money etc) and in banking.

the last statement, yes its pretty much if something is wrong then the landlord is only liable if he has been informed. I wouldn't overly worry about gas/electric etc as new rules have come in that the electrics have to be checked and the gas has to be approved every year by a corgi reg'd person and there has to be fire alarms etc. This won't remove his responsibility if negligence can be proven but just covers him against things like nails sticking up from the floor/door etc that rip clothes or something
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Old 22nd August 2006, 15:05   #3 (permalink)
CJ&theBOS
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Default Re: tenancy agreement questions

cheers Blacksheep thats pretty much what i suspected.
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