LA withholding some of the deposit

Natkinson

Hi,

I have recently ended a tenancy and the LA is withholding £60 of my deposit to compensate the LL for a couple of late rent payments that occurred months before the end of the tenancy, if I dispute this do you think I will win?

When the late payments were made the LA said everything was fine and did not inform us that any charges would be made. If they had charged me at the time, I wouldn't have had a problem paying it, so can they charge me for it months after?

I think the LL is trying to pull a fast one because they were originally trying to get compensation for a gas cooker top that their gas inspector removed because it wasn't safe and after I pointed that out they removed that charge came back with the late payments charge.

Thanks in advance.

N79

By all means register a dispute with the relevant deposit protection regime (assuming English law). As to whether you will win will depend on:

1. What your tenancy agreement says about late payment costs?
2. Whether your LL can substantiate that their costs associated with your breach of contract amount to GBP60?

The first point is key here as writing a few letters / taking a few phone calls over a couple of months can easily be reasonably charged at GBP60 - assuming, of course, that the agent did indeed write a few letters / made or took a few phone calls. If you were late with your rent for 2 months (as you imply) then that is GBP30 a month for letters / calls - about the cost of 1 letter and 1 phone call.

BitterAndTwisted

Was your tenancy for this property in England and Wales? When did it start?

Natkinson

The agreement did state that I would be charged for late payments, but as they did not charge me at the time I made the payments are they allowed to demand the money months after? I had a few late payments a couple of years ago and they are not charging me for that. I received 1 letter from the LA informing me that I was behind on the rent and that I would be charged IF the payments were not made. I really don't think it's fair to be told when I made the payments that everything was fine, only to find out months later that they have decided to deduct it from my deposit. As i said before if they had charged me at the time I wouldn't have had a problem paying them.

The property is in England and the tenancy started in 2006, my deposit is with the dispute service.

N79

Natkinson wrote: »

The agreement did state that I would be charged for late payments, but as they did not charge me at the time I made the payments are they allowed to demand the money months after?

Legally they have up to 6 years to charge you.

Natkinson wrote: »

I had a few late payments a couple of years ago and they are not charging me for that. I received 1 letter from the LA informing me that I was behind on the rent and that I would be charged IF the payments were not made. I really don't think it's fair to be told when I made the payments that everything was fine, only to find out months later that they have decided to deduct it from my deposit. As i said before if they had charged me at the time I wouldn't have had a problem paying them.

The property is in England and the tenancy started in 2006, my deposit is with the dispute service.

I would agree - do you have it in writing that they would not be applying any charges for their costs - or is this your interpretation of what was said at the time?

Brb

Only the police and courts can issue fines. Dispute the amount with whatever deposit scheme your deposit is with.

The most they can charge for is modest admin fees (say £8 - £10 a letter) and a percentage rate above the base rate (usually 3 or 5%) which normally amounts to pence.

N79

Brb wrote: »

The most they can charge for is modest admin fees (say £8 - £10 a letter) and a percentage rate above the base rate (usually 3 or 5%) which normally amounts to pence.

I would suggest that letters can be a little more expensive than that, depending on their length and content. I think it would be hard to challenge GBP15 as unreasonable - so over a couple of months GBP60 in costs can easily accrue.

Of course, this presupposes that these letters were actually written!

Natkinson

The charge has bee requested by the LL at the end of the tenancy to cover the interest on the late rent payment and not by the LA to cover their admin costs. I am being charged 3.5% on each late payment.

Brb

In that case I'd say that was fair enough really. Sorry if that's not what you want to hear.

I thought you was referring to a fixed price penalty fee (fine) which they can't do, but they are entitled to their losses.

IF this was in your AST of course ?

Natkinson

Is it not the fault of the LA for not charging me at the time then? The LL pays for a service, and if they didn't charge me and told me everything was fine is it not their fault? I would not have had a problem paying it at the time, it's the lets see how much money we can get out of the last tenants deposit attitude that I have a problem with. And £60! I wish my bank paid that kind of interest. I wouldn't have to work!

I've got nothing to lose if it goes to dispute anyway, so will see what they decide.

Thanks for the help

BitterAndTwisted

Late payment of rent is not acceptable. I daresay the charge was levied at the time but you were not sent a rent-statement to reflect the charges. I think it's fair that you're being penalised for not being a good tenant and also think you should pay up.

Considering some of the strife that other tenants who post on here go through getting their deposits back I think you've got off lightly.