£35 charge from Letting Agency - Can I refuse?

gazfocus

I moved into a rented house at the beginning of May and was required to pay 6 months deposit up front. I paid 5 months in cash and gave 1 month in a cheque dated 5th June 2009.

During my move, I lost my cheque book so immediately phoned my bank and they stopped all unpaid cheques and I then promptly sent an email to the letting agency informing them of what had happened and said that I'd send a replacement cheque as soon as I had received a new cheque book.

Anyway, I got a phone call from the letting agency yesterday saying they had tried to pay the cheque into the bank and the bank had informed them that it had been stopped. I then received a letter today to the same effect but also saying that I need to pay a £35 fee for the cheque not clearing.

As I informed them before the date on the cheque that it had been stopped (even though they did not reply to my email), can they still charge me the £35 fee?

Cissi

My guess is that they can Apart from anything else, an email was probably not enough as there is no way of proving that they actually got it.

Planner

I would have a look at your tennacy agreement and see what it says about the subject. If its silent then no they cant, although it isnt a good way to start the relationship.

Why not just go and pay the £100 in cash now? As the first cheques been cancelled the money to honour it must be in your bank waiting to be withdrawn by now? Is there a little more to this story?

gazfocus

Planner wrote: »

I would have a look at your tennacy agreement and see what it says about the subject. If its silent then no they cant, although it isnt a good way to start the relationship.

Why not just go and pay the £100 in cash now? As the first cheques been cancelled the money to honour it must be in your bank waiting to be withdrawn by now? Is there a little more to this story?

Firstly, who said it's £100? If you can rent a house for £100 a month, you're very lucky.

Secondly, what are you suggesting by saying is there a little more to this story?????????

Planner

gazfocus wrote: »

Firstly, who said it's £100? If you can rent a house for £100 a month, you're very lucky.

Secondly, what are you suggesting by saying is there a little more to this story?????????

Apologies, one month.

It all seems a bit odd, why you havent nipped it in the bud and gone and paid the outstanding month? why wait for a new cheque book? - the cash must be available nearly 2 weeks later. By acting quickly now you may avert any further problems and sweet talk the agents into letting the 'fee' slip.

By the way, I assume you mean six months rent upfront rather than six months deposit upfront?

Doozergirl

Did you give them a new cheque? If so when?

When did their cheque bounce?

If you can prove logically that you told them before the date of the cheque and gave them the money to replace it then you could argue your way out of it.

princeofpounds

The agency and the bank are two different issues.

The agency need to either

a) justify the fee on a contractural basis

or

b) demonstrate a loss through your negligence.

and if necessary, take it to the small claims court to enforce (or otherwise make life difficult for you to enforce informally, such as poisoning your relationship with the LL).

a) they can only do if it is contractually justified or the fee is included in the standard terms and conditions of business they gave you when you signed up with them (of course they showed that to you, right! )

b) they can't demonstrate a loss that I am aware of unless their bank has charged them for the bounce and you did not make reasonable efforts to inform them. If you can demonstrate a reply to your email about the cheque they have no case, otherwise it is a bit more grey.