Landlord charges

10s

Hi,

A got into some difficulty with payments to my landlord.
He involved the guarantor, but that has caused problems for me.

I thought that we were talking and negotiating so that we could resolve the outstanding payments.

A few days ago the landlord said this was taking too much of his time and he was passing it to a company to deal with.

The landlord has been charging me £40 per month for what he calls "rent arrears fee". This is in the contract.
He has also charged me £25 for each letter, 3 of them. When I asked to meet he wanted to charge for that also, and wouldn't meet without cash payment.

The company are now demanding settlement of arrears within 14 days or they will take me and the guarantor to court. They have charged £25 for the letter also and say they will charge for court action.

I would like to settle up and stay where I live, but with the charges it's too much.

How much of this can the landlord do?
Can the company make big charges for court action?

Thanks in advance for any help.

G_M

I doubt if these charges would/could be enforced by a court. Charges have to be 'reasonable'.

If the LL will not meet with you (no, don't pay a cash fee upfront for this meeting), the best thing you can do is keep paying as much rent as you can. Make sure all payments are tracable (ie bank transfer or cheque. If cash, get a receipt).

Best way would be to send a letter to the LL (copy to the company) enclosing a cheque for as much as you can, stating this is for rent period from date to date. Also explain your difficulties and explain how you intend to pay the rent still owed (don't mention the charges and DON'T indicate any acceptance of them).

If you are taken to court, the court decides what additional charges you can be made to pay, not the company. Possibly the court fees (not much in a Small Claims Court) but lawyers fees are NOT awarded in a SCC, nor would the company's expenses. The LL's expenses might be (ie a day off work and a bit of his time). If, and only if, correct procedure has been followed (ie you've been given Notice to Quit) the court might evict you, or they might order you to pay off the money owed so much per week, but it depends what the LL is asking for - the money owed or eviction.

Contact a free legal advice centre or Shelter for further help.

Fire_Fox

Check the other thread started by the OP, they have changed from being the guarantor to being the tenant.

benoit

Can 10's and M80 clarify which of them is Tenant and which is Guarantor because it's getting confusing now.