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Letting agent requiring use of overpriced services?

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Comments

  • antrobus
    antrobus Posts: 17,386 Forumite
    arcon5 wrote: »
    I'm aware of that. We're talking about a contract that forms a package deal with rent and utilities under one agreement. ....

    No we aren't.
    CreepyJim wrote: »
    We were not aware of any of these charges up front. None of them are mentioned in the tenancy agreement.

    And you still haven't mentioned the cow.
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    antrobus wrote: »
    Apparently not.



    It isn't necesssarily fair either. As has already been pointed out to you, your statement that "if these services and costs are listed in the contract I can't see how it can be deemed "unfair" or unenforceable"" is not an accurate reflection of the law.

    Apparently not because I don't share your view? Or apparently not because sweeping statements that these will be deemed "unfair" is supported by fact?
    You can't dismiss my understanding of unfair terms merely because you have opposing views.

    If the terms can be deemed unfair then yes they are unenforceable. But unless you know how this agreement come about it, it's hard to reach a conclusion about the fairness of the contract.

    My point is, many contracts include energy as part of the contract. For example, student accomodation, HMOs, some apartments. Including energy as part of this isn't necessary unfair, it is in fact part of the service agreed between the tenant and the landlord. I'm not saying ops particular circumstances are not unfair, i'm saying they are not necessarily unfair as we don't know the full picture.
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    antrobus wrote: »
    That's right. You haven't mentioned the cow at all.

    I suppose if this term can be deemed unfair op has free dinner for a few weeks :p
  • antrobus
    antrobus Posts: 17,386 Forumite
    arcon5 wrote: »
    Apparently not because I don't share your view?

    No, it's because you posted.
    arcon5 wrote: »
    To be honest, if these services and costs are listed in the contract I can't see how it can be deemed "unfair" or unenforceable.

    Which is just wrong because the Unfair Terms in Consumer Contract Regulations 1999 applies to tenancy agreements, and thus the rest of us can see how services and costs listed in the contract could be deemed "unfair" or unenforceable. Whether or not any particular service or cost specified would be deemed fair or unfair would be a matter for the courts to decide. Personally I have not really expressed a view on the fairness of any of the costs specified in the OP, mainly for the reason that (but shh, don't tell anyone) (a) they're all made up and (b) they weren't in the (entirely non-existant) tenancy agreement in the first place.

    And you still haven't addressed the issue of the cow.
    arcon5 wrote: »
    But unless you know how this agreement come about it, it's hard to reach a conclusion about the fairness of the contract.

    Didn' stop you from reaching a "conclusion about the fairness of the contract" did it? You couldn't "see how it can be deemed "unfair"" despite not knowing how it came about.



    P.S. You also seem to have got it wrong about gas and electricty charges as well, as it appears that Ofgem sets a Maximum Resale Price.
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    antrobus wrote: »
    Which is just wrong because the Unfair Terms in Consumer Contract Regulations 1999 applies to tenancy agreements, and thus the rest of us can see how services and costs listed in the contract could be deemed "unfair" or unenforceable.

    How can see how it "could" be deemed unfair - that does not mean they are unfair or that a judge would agree.
    Didn' stop you from reaching a "conclusion about the fairness of the contract" did it? You couldn't "see how it can be deemed "unfair"" despite not knowing how it came about.

    I haven't come to any conclusion. I'm expressing the fact I disagree with the automatic assumption that all aspects mentioned by op is unfair, especially based on the little information provided.
    P.S. You also seem to have got it wrong about gas and electricty charges as well, as it appears that Ofgem sets a Maximum Resale Price.

    No I wasn't.. I said..
    A lot of tenancy agreements will include gas & electricity as part of the contract (HMOs and student lets as an example).. many of which state things like "electricity and gas included up to the sum of £60 per month" - if you are entering in to one of these sorts of deals, i'm not sure what gives you the right to a breakdown of the price or invoices :huh:

    And Ofgem say
    It does not apply when an inclusive charge is made
    for accommodation - for example, where a flat
    rental or a park home pitch fees includes
    "all amneties"

    Which confirms that where the energy forms part of a package it does not apply. Op says this charge was part of the contract, so it's worth establishing how it forms part of the contract first.

    It has now been established that.... well, that it's all a load of b*ll*cks.

    Anyway, i've expressed my view and so have you. So bearing in mind this thread isn't real it's probably best to let it be.
  • halibut2209
    halibut2209 Posts: 4,250 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I believed this at first, but you're really milking it with the cow.
    One important thing to remember is that when you get to the end of this sentence, you'll realise it's just my sig.
  • Having skimmed over this thread, it is apparent it's becoming udderly ridiculous.
  • halibut2209
    halibut2209 Posts: 4,250 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Don't skim through it, or even semi-skim through it, else some important facts may go past your eyes.
    One important thing to remember is that when you get to the end of this sentence, you'll realise it's just my sig.
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