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Landlord Charges...fair?
Comments
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As a landlord myself, I wouldn't expect my tenants to pay my bank charges as I view the mortgage payments to be something completely separate to my arrangement with them.
Having said that, I always try and respond to repairs as quickly as possible too as that also is in my best interests ie keeps tenants happy and my house in good order
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I'd personally expect to pay the bank charge.
Him not fixing the heating is a separate issue and you should have dealt with it in writing at the time.
I am pretty sure that if it went to court then a judge would rule in his favour.0 -
I am pretty sure that if it went to court then a judge would rule in his favour.
I'd be extremely surprised if a landlord won a small claims court case where the tenants did not refund charges he incurred in his private financial dealings with his own bank.
I am not aware of any legal obligation for tenants to refund the bank charges of their landlords so I cannot understand how such a case could be successful.
Mainly what happens in the event of late payment of rent is that the landlord serves notice on his unreliable tenants. In this case, it seems that the landlord cannot afford to have a void without the risk of his property getting repossessed so is probably averse to doing this.
It's really not the tenants problems that the landlord's finances are so precarious. If I was them, I'd worry whether he's protected the deposit, has permission from the lender to let out the property, if there's a gas safety certificate in place - the landlord sounds very ignorant of their responsibilities.0 -
Why should they pay out of manners? It is the LL's fault for not having a contingency.The_One_Who wrote: »I would say it is fair, and you should pay it even if for no other reason than out of manners. It was as a result of your late rent payment that led to the charge being applied. Although it is his fault that there was no clause in the agreement about penalty charges.
If his mortgage comes out on the 28th then he should be asking for payment on the 30th of every month so he has a month until it comes out again so has a month grace for late payments. Also he should have factored this into the TA0 -
Out of manners could he not have given us heating and hot water over winter? It's very tit-for-tat, but he screwed us over, from what Jowo said we could easily not be obliged to pay him...
You're right. It IS very tit-for-tat. Maybe what you need to do is find a more professional landlord, and treat them in a more professional manner, and therefore avoid all the hand-waving in the future.
You're _not_ obliged to pay their late charges, you _are_ obliged to pay your rent on time. They are obliged to keep things like the heating in good order. Two separate issues.If you don't stand for something, you'll fall for anything0 -
I make it 3 issuesRobertoMoir wrote: »... You're _not_ obliged to pay their late charges, you _are_ obliged to pay your rent on time. They are obliged to keep things like the heating in good order. Two separate issues.Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0 -
DVardysShadow wrote: »I make it 3 issues
I make it two joint issues (late payment of rent and failure to undertake arrears) and one non joint issue (failure of landlord to have sufficient funds to pay mortgage).0 -
Take the advice as it comes. It was a valid point of view. Don't bother posting if you won't allow space for dissident opinionAnyone with a modicum of sense with regards to fairness please?Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0 -
your in breach of contract by not paying the rent on time, because of this breach the landlord has incurred costs - yes you are liable.0
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I'd be extremely surprised if a landlord won a small claims court case where the tenants did not refund charges he incurred in his private financial dealings with his own bank.
It's called consequential loss. The landlord can prove he was out of pocket by x because the tenant did not pay y.
Anyway back to the original point, to the OP the easier you are to deal with in your relationship with the landlord, the more lenient he might be about deposit return.0
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