Late Payments, Rent, student letting agency

Gradyhawks

Hey up,

You guys seem to know your stuff, so wondered if anyone can shine some light on this.

Story is that my landlord (well, the letting agency) have told me a month ago that I owe them about £170 in late payments for rent for January and rent for April/May.

Lets start with January. My loan money came in late due to some changes I made with the student loan people that meant it was delayed. The day after the money was supposed to leave my account the letting agency called me and stated that I had not payed. I explained to them that I didn't have any money but my loan should only be 2 or so weeks late. They seemed fine by this and was not told it was a problem whatsoever.

They called me every week to check up on things, which was fine and expected and eventually my money came in on the 27th and I payed them in full.

Then came April/May when I had a similar problem with money but they called me the day after it was due and I explained what was going on. They did tell me that it would be subject to a late fee if it wasn't paid within a week, so a day before it was due I asked for the bank details and sent it away. The next day I was called as it was still not paid, so I went into the bank and it turns out that some number they had given me was wrong (account number maybe) so it was rectified then and there and the money was sent away.

Even after I paid this rent for april may I was not told until the middle of the end of may that I was liable for £170 in late payments for said rents.

Is it legal for them to do this? To say everything is okay then bring this up 4 months later?

This brings me to my second problem.

They are asking/demanding that I pay my rent for the summer by tomorrow (15th) and the late fees above or their will be trouble. This is the first I have heard about the rent being needed tomorrow and really can't afford it (already sold almost everything I have and am currently working). I asked nicely if I could pay some now and some in a bit (the rent) but they said they need it tomorrow or else.

Again, this is the first I have heard about it being required tomorrow. Perhaps they send a letter to someone in my house (house of 4) but I would have thought they would be required to send individual letters or something.

If anyone has any advice let me know, I have to call them tomorrow morning and try to sort this out as its getting stressful




Much love!

anselld

What does your rental agreement state about late payment charges?

Even if they are stated in the agreement they may well be unenforceable if they are not reasonable, ie in line with actual cost of delay.

I would suggest continue to pay rent on the normal due dates, but challenge the late charges as unreasonable.

Ignore any threats - they are empty and illegal. Better still - report the LA actions to the Landlord as you might just find they are oblivious to whats going on.

jjlandlord

You paid late on 3 occasions, and they want to charge you approx. £60 for each.
To me this is clearly a penalty, so unenforceable even if stated in tenancy agreement.

tbs624

Gradyhawks wrote: »

Story is that my landlord (well, the letting agency) have told me a month ago that I owe them about £170 in late payments for rent for January and rent for April/May.

That's a hefty set of charges. Have they set these out as one off late payment fees or ongoing interest charges or a combi of the two? As the others have suggested, the LA cannot levy unreasonable penalty charges against you.

What does your tenancy agreement/initial tenancy paperwork actually say about late rent payments, if anything?

Do you have the contact info to be able to talk direct to the LL? You can either check at the Land Registry for a small fee or you can formally request it from the LA but they have 21 days from receipt of your written request in which to pass the info to you.

Lets start with January. My loan money came in late due to some changes I made with the student loan people that meant it was delayed. The day after the money was supposed to leave my account the letting agency called me and stated that I had not payed. I explained to them that I didn't have any money but my loan should only be 2 or so weeks late. They seemed fine by this and was not told it was a problem whatsoever.

Okay, first off, you tend to get a better result if you let a LL/LA know in advance if there is a problem with the rent being paid on time - and confirm it in writing, keeping a copy. Worth remembering for future tenancies.

They called me every week to check up on things, which was fine and expected and eventually my money came in on the 27th and I payed them in full.

Again, goes down better if you chase your loan and you keep the LA/LL fully informed.

Then came April/May when I had a similar problem with money but they called me the day after it was due and I explained what was going on. They did tell me that it would be subject to a late fee if it wasn't paid within a week, so a day before it was due I asked for the bank details and sent it away.

Confused here - - so your rent was late again, and again you waited for the LA to ask you about why you had not paid? When you say you sent payment "a day before it was due" do you mean a day before the week's payment grace period was up?

The next day I was called as it was still not paid, so I went into the bank and it turns out that some number they had given me was wrong (account number maybe) so it was rectified then and there and the money was sent away.

Why did you have to ask for bank details - how do you normally pay your rent? Was it them giving you an incorrect number or did you write the number down incorrectly?
As an adult, it's your reponsibility to ask the cashier whether the name and number of the account match up with who you are trying to pay

Even after I paid this rent for april may I was not told until the middle of the end of may that I was liable for £170 in late payments for said rents.

Is it legal for them to do this? To say everything is okay then bring this up 4 months later?

As before, what does your tenancy agreement say about charges? LA does not have to remind you of tenancy terms ( although tenancy terms have to be fair or they may be held to be unenforceable)

They are asking/demanding that I pay my rent for the summer by tomorrow (15th) and the late fees above or their will be trouble. This is the first I have heard about the rent being needed tomorrow and really can't afford it (already sold almost everything I have and am currently working). I asked nicely if I could pay some now and some in a bit (the rent) but they said they need it tomorrow or else.

Again, this is the first I have heard about it being required tomorrow.

What are your "rent due" dates under the tenancy agreement? Under a tenancy its not like other contracts where if you miss some payments the balance becomes due immediately.

Perhaps they send a letter to someone in my house (house of 4) but I would have thought they would be required to send individual letters or something.

Are you all on separate tenancy agreements or all signed up to one?

Tell us what the tenancy agreement says - as jj says you need to challeng ethe actual level of late payment fees, if nothing else. You will need to do that in writing , keeping a copy.

As for tomorrow, your Uni should have someone who can help you- in either accomms or welfare. Have you asked for guidance there?

Is the LA/LL listed with the Uni's accomm officer/signed up to any code of conduct?

mchale

Gradyhawks wrote: »

If anyone has any advice let me know,

Sorry, but the only advice I can give is to pay your rent when it's due.