Unfair Fees from Letting Agency

suelath

Hi
This is my first post, and i wonder if anybody could offer any advice or opinions.

We have been renting a property for 2 years from a letting agency. Our rent is always on time or early. However this month, for the first time our rent was paid in 3 days late, due to the fact that I had lost my job and needed to borrow the money.

The letting agent has now imposed a 20pound administration fee for late payment of rent. We have told the letting agent that we thought this was unfair and he just said that our rent was late and the 20pound charge is applied, end of.

Can they do this????
Is there anything else we can do to dispute this????

Many thanks in advance
Sue

clutton_2

what does it say in your tenancy agreement about late charges ..

suelath

Our tenancy agreement says:

The tenant agrees to pay the rent during the term on the days and in the manner stated without any deduction to the agent by standing order.

later in the agreement it says:

To pay the landlord all reasonable costs and expenses reasonably incurred by the landlord:
a)in respect of any action taken by the landlord in connection with a breach by the tenant of any obligation on the part of the tenant contained in this agreement; and
b)in connection with all applications by the tenant for any consent or approval or the landlord required by the terms of this agreement including those incurred in cases where consent is refused or the application is withdrawn.


Thats all i can find at all relating to our rent payments

DVardysShadow

The charge arises under a). Write to them and ask for a complete breakdown of costs and expenses incurred by the Landlord. See where it goes? They may not be able to justify, they may say "This is our standard fee". If this is the case, you could argue that the £20 is not due.

prudryden

Who incurred the lost - the LL or the Agent? Perhaps the agent charged the LL £20 for reporting the late payment and requesting that the payment be made. Then, I guess the LL has an expense of £20 as per part a of the contract.

Blacksheep1979

As Mr. DVardysShadow says, ask for an explanation of their costs that have arisen due to the late payment. They can only ask for what they are out of pocket - similar to bank charges this will be deemed punitive if there is no real loss on their end.

Tiddlywinks

Just a thought, are you going to have further problems paying each month? It may not be wise to challenge the fee if you feel you may need the landlord or agent's indulgence in the near future. I know it seems unfair but is £20 worth the potential loss of goodwill and a currently good relationship?

sjcollett

Yes I would agree if you need goodwill then try and keep them onside. Although I do think a £20 charge for a 3 day late rent is rather unfair and I think you should point out what good tenants you have been and how it would be nice to have a few days grace given your good payment history. don;t be all snotty - just try and be as nice as possible - even if you do have to do it through gritted teeth!