Letting agents want money to keep our bond protected

mrmichaelf

They can charge it. Hey've called be and pointed me to the TDC website which sets out the following clause:
6.33 Can we recover the costs of our subscriptions?
Yes. The Housing Act 2004 is silent about recovery of the costs from either landlords (for agents) or tenants. Members are free to re-charge their costs. They may do so on whichever basis most suits their method of operation (TDS D Operational procedures and advice for members, Section A paragraph 2). You are advised to consider the implications of the Unfair Terms in Consumer Contract Regulations in drafting clauses for inclusion in tenancy agreements.

ceh209

I can see how they would be able to charge it in the first place, and if you don't pay it, you can't rent the house from them. But I don't see how they can force you to pay it now - you've already rented the house, the £15 charge wasn't in the contract (was it?) and they'll be breaking the law if they don't protect it.

Whether you think they'll issue you with a S21 if you refuse to pay, well that's your call unfortunately

mrmichaelf

The fee's of £15 were only introduced last month, hence a massive hike in the fee's they have to pay. They can now pass this on to landlords or the tenants.

shellsuit

Ask them for your bond back and you will put it somewhere which doesn't cost you a penny.

How can they charge for it, when if you don't pay, it won't be protected, and by law, they have to protect it??

If it's fairly new, then fine if it's written into new contracts, but they are changing the terms of yours and on that basis I would refuse to pay it.

martindow

mrmichaelf wrote: »

The fee's of £15 were only introduced last month, hence a massive hike in the fee's they have to pay. They can now pass this on to landlords or the tenants.

Yes, but unless it is covered in the contract the tenant does not have to pay it. The LL is obliged to protect the deposit.

If the LL really cannot afford to pay15 pounds pa I would be worried about repossession.

mrmichaelf

The letting agents have decided to pass it onto the tenants and not the landlords. At least thats what the general manager has just told me. He also said all tenants would be issues updated contracts with the new terms in.
Their previous contract states the terms and change at any time, without warning, so i suppose, legally they can justify it.

zzzLazyDaisy

OP are you still within your fixed rental term? Whatever the rights or wrongs, if you are at risk of being given notice to end the tenancy, it might be worth the £15 (no it doesn't make it right, but sometimes we have to choose our battles)

mrmichaelf

No, we were initially on a fixed term for 6 months but have been there for 15 months now, and there is no fixed term.

G_M

1) If you ignore this, and they remove your bond from the scheme, they will be breaking the law.
2) If they offer you an 'updated contract', you can ignore this too. You are a periodic tenant, with the T&C continuing exactly as when you originally signed you initial fixed term contract - except that you can give 1 months notice and the LL can give you 2 months notice at any time. They cannot force you to sign a new contract.
3) However, if you refuse both the £15 fee and the new contract, the LL might give you 2 months notice.
4) remember though, that this is the LLs decision, NOT the agents! The LL may well prefer a good, regular paying tenant, rather than a void period and a new, unknown tenant. The agent may threaten 2 months notice as a way to get you to agree, but the agent cannot evict you unless the LL tells them to!

Their previous contract states the terms and change at any time, without warning, so i suppose, legally they can justify it.

This is simply rubbish! You signed a contract. It is binding on both parties and cannot be changed without agreement by both parties.

Zelie

What G_M said. This is nonsense. A contract is an agreement made legal. If you don't agree then they can't force it. If they do send out a notice of new terms and conditions just keep a copy and then send it back saying that you do not wish to sign to new terms and are happy under your periodic tenancy.