Letting Agent Charging Fees for Letters !!!

[Kirbylj]

Was wondering if there is anyone out there that finds themselves in the same situation as me ??

I would classify myself as a good tenant, I keep the property clean and tidy, I am on good terms with my landlord, etc...

However, as I only get paid weekly, it is difficult for me to pay rent on a monthly basis. Therefore I spoke to my landlord about this, and he agreed that it would be fine if I paid it weekly.

Now, recently,over the past 2-3 months I have fallen behind on my rent, due to my mother being terminally ill, and having to drive 300 miles to see her has taken it's toll on my finances. I have explained this to my landlord, he has been very understanding and accomodating. On the other hand, I have tried to explain this to the letting agents, who's reply was, "well that shouldn't stop you paying your rent", which, to a degree, I can understand.... BUT.... what I can't understand is how they can justify charging me £25.00 + VAT for every rent arrears letter they send to me to tell me something that I am fully aware of, and which is increasing my arrears !!

Is there anything that I can do ?? Can I claim these charges back ?

Many thanks

[Joa]

Hello kirbylj; I am sorry that you are having tough time and that some parasites cannot stop themselves from feeding on it.
Please look at the following website: http://www.oft.gov.uk/shared_oft/con...ral/oft381.pdf
Only a court can decide if terms are unfair.
One thing a court won’t look at is a term
stating the rent - provided it is written in clear
language. But other terms may be unfair if:
• it makes you pay an excessive interest
rate or extra penalty charges for late
payment of rent;
Also, another helpful site is at: http://www.oft.gov.uk/shared_oft/rep...rms/oft356.pdf
This is more meaty and lenghty.

You also need to look at your contract and check if these penalty charges are included. Even if they are, they could be considered unfair therefore not binding in accordance with OFT advice.

Remember also that your contract is with the landlady, not the agency. Pay her rent, carefully keeping all the receipts and write to the agency that you do not intent to pay their charges.

These penalty charges, on top of being unfair, would also qualify for similar treatment as bank charges. This is that if the charges are to pay for the cost of transgressions that they exceed that and are disproportionate contrary to common law and consumer legislation

Or

If the charges are the price of a contractual service then the price exceeds what is reasonable as required by S.15, Supply of Goods and Services Act 1982.

It would be useful if you could read FAQ and the statues library section on this website.

[blacksheep1979]

Originally Posted by Joa

Remember also that your contract is with the landlady, not the agency. Pay her rent, carefully keeping all the receipts and write to the agency that you do not intent to pay their charges.

That does depend on the managing agreement - some agencies actually manage the property ie collect rent and the landlord does nothing/has no contact.

As Joa has stated you should definately be able to get the majority of the charges back as these will not reflect the true cost to the agency - especially if the letters are carbon copies of each other.

First step would be to write to them asking for justification for these charges and a full breakdown of costs due to any late payments.

[Joa]

Originally Posted by blacksheep1979

That does depend on the managing agreement - some agencies actually manage the property ie collect rent and the landlord does nothing/has no contact.

blacksheep, even then, the contract is still with the landlord only, isn't it?
In any case, who suffers the loss when the rent is late? The agency or the landlord?
Nevertheless, the letter asking for justification for the charges and a full breakdown of costs would be a necessary first step, as you say.

[blacksheep1979]

If the agency has to pay the landlord the rent on time then they will suffer a loss and they may be technically renting the property from the landlord and subletting. Anyway its a bit off topic.