Unfair Terms in Consumer Contracts Regulations 1999 - LAs

TheCatCameBack

Hi all,

I have a query regarding the above regs.

Firstly, I manage a Lettings Department for a successful Chartered Surveyor business. We are regulated by ARLA, ARMA, RICS, TPO etc and, basically, do things properly, and do not rip off our tenants or landlords. However, no one seems to know how to proceed with a complaint regarding the above.

The agent I currently rent my personal property from has some very interesting clauses in the AST. A bit of history, I had to move out of my last flat due to a relationship break-up, and agreed with the previous LL and LA an early release. They found a new tenant and I had about 2 weeks to find somewhere and move. I found the new flat with a local agent, and all seemed ok. I signed the referencing fee form which detailed the rent, deposit, renewal fee & pet deposit, and no other charges. When I come to signing the agreement, there are a whole host of, what I think, are unfair terms:

1. There is a large disclaimer relating to the attached inventory. When I asked for a copy, upon signing the AST, I was told the Landlord didn't want an inventory done. The agent had taken photos, but nothing written. It then states that, upon vacating, there is a check-out fee of 1.5 weeks rent if the property if furnished or has white goods (mine is part furn). 'broadly speaking the costs are due if XXXX attend the property or not, or if the landlord carries it out themselves'.
2. 'Where the deposit becomes disputed XXXX will charge an admin fee of £99 + VAT increasing to £150 + VAT if over 28 days, to cover the cost of inputting data & liaising with the DPS & relevant parties & signing off paperwork with a solicitor).

Now, the flat was in an awful state when I moved in - dirty as hell, beer bottles etc everywhere. If I had an inventory, I would have kicked off, but instead I cleaned it up, knowing I will leave it clean when I vacate. My mum took some photos of it but I have been advised by an ARLA/APIP course teacher not to use them if a dispute arises. Plus, there isn't an inventory, and photos mean diddly squat, especially if not date stamped, so if it goes to dispute most likely it'll be in my favour. But why should I have to pay a check-out fee when there isn't an inventory to compare it to, and whether they go there or not? Also, £99 admin charge for a dispute is ridiculous, again, as there is no inventory.

3. 'If a tenant locks themselves out and wishes to borrow a key, £50 deposit will be charged. Upon access the tenant must return the key within 2 hours and only £30 will be refunded.'

4. (This is not in the AST, but the referencing fee form I signed when taking the flat) They charge £90 renewal fee, whether you renew or not. Now, I'm sure Foxtons were taken to court recently over a similar clause?

Also, interestingly, I have no prescribed information relating to the deposit, just the lodging certificate, and also the landlord's address on the AST is listed as the agent's address, which means the rent isn't legally due anyway.

I had a letter dated 8th July re tenancy renewal, second class (received 10th July when I got in from work) stating the LL won't increase the rent, however does not want to be liable for the white goods any longer. That's another story. However, at the bottom of their letter 'if you do not intend to renew for tenancy for a further term you are required to give one month's notice....' etc.

I have been to TSA, however they didn't seem to interested. I don't want to have to pay for a solicitor, so is there anyone else I can get advice from? You'd think someone in my company would know, but they don't!

Thanks.

moromir

TheCatCameBack wrote:

also the landlord's address on the AST is listed as the agent's address, which means the rent isn't legally due anyway.

Not sure where you're getting this one from, theres plenty of appeal cases found to the contrary (i.e. agent's details are sufficient in the absense of a formal written request for the landlord's correspondence address)

TheCatCameBack wrote:

3. 'If a tenant locks themselves out and wishes to borrow a key, £50 deposit will be charged. Upon access the tenant must return the key within 2 hours and only £30 will be refunded.'

I'm not sure why you think this one is unfair? There are plenty of people who would ring an agent at 5.20 and expect them to hang around until they could be bothered to meander in to collect the key, and then not bother to return it. The agent and owner then has the hassle and cost of bringing another key to the office for the agent/going to get one cut. Consider it an incentive to treat others with respect

You might soon find the agent 'doesn't have a key anymore' if you kick off and then you've got yourself a fine problem and a locksmith's bill to get back in your house.

TheCatCameBack

One of the LL & T acts, I'm afraid I can't quote which one, possible 1987.The LL must provide their home address, and if that isn't in England or Wales, must provide another address in England or Wales where the tenant can serve notice. By law, if the agents receive a written request for the landlord's address, they must provide this within 21 days.

My issue isn't that they charge the deposit, it's that they don't return it in full. Most agents, mine included, charge a fee to hand out keys, but this is returned when the keys are. If a tenant keeps the keys and then the situation you have written arises, it's basically their own fault and yes, they will have to pay the locksmith charge.

G_M

Can I ask the purpose of your post?

Are you concerned about your position/costs etc as a tenant, and wanting advice?

Or raising a discussion point?

If the former- I'm amazed, given that you "manage a Lettings Department for a successful Chartered Surveyor business. We are regulated by ARLA, ARMA, RICS, TPO etc " Surely you must know the answers far better than any of us?!



There are several issues:

* perhaps the biggest: leting agents are not regulated and anyone can open a LA. No training/qualifications/understanding of law required. No one monitors/controls standards. (as is demonstrated by your ignorance)

* add to the above, over-demand for rental properties, mean tenants have few choices. Often cannot 'shop around' to find the better agents(even if they had the knowledge to identify them). If they find a property they like, they are oftenin competition with other tenants so are in no position to start questioning the contract or fees

* the lack of 'Prescibed Information' foryour deposit is in your favour. You cannot be served with a valid S21, and you can, at any time, sue for up to3 times the deposit.

* Yes, Foxtons was done - but for charging landlords fees where they were not managing the property (ie repeat fees where they had originally introduced the tenant). In this case (tenant renewal fee for going onto a SPT) I doubt the LL/agent would win if you refused to pay and they went to court or the deposit dispute process

* similarly, in a dispute, I seriously doubt the dispute arbitrators would uphold the fee claimed for raising a dispute

* the check-out fee probobly is enforcible, provided you have been advised of it from the start.

* if there is no inventory, andyou have not signed the check-in 'photos', the LL/agent will have little evidence to present in the caseof a dispute over condition at the end.

the landlord's address on the AST is listed as the agent's address, which means the rent isn't legally due anyway.

Absolute rubbish and you shouldknow better. You are confusing :

* Landlord & Tenant Act 1985 &

* Landlord and Tenant Act 1987

How did you get your job as a manager in a Letting Dept? :eek:

agrinnall

G_M wrote: »

How did you get your job as a manager in a Letting Dept? :eek:

Brilliant! :rotfl:

Guest101

Same way I'm CEO of Micosoft...

princeofpounds

1. A checkout fee can be a valid clause. Whether a check in has been performed or not is probably not relevant legally.

2. This is almost certainly an unfair clause although only a court would decide that and it's so unusual I've not seen legal guidance or precedent on the matter (not that I am any kind of expert).

Think of it this way; they are 'liaising with the DPS' for their benefit, not yours. There is no service being provided to you. In fact, it's better for you if they never contact DPS as you will win by default.

What you would do is go through the DPS process and not pay. Let them sue you. Alternatively they might try to claim it during the DPS arbitration, in which case you would have to make arguments against it there and follow up I court of you lose (IMO unlikely).

3 & 4 others have spoken about.

tim123456789

moromir wrote: »

Not sure where you're getting this one from, theres plenty of appeal cases found to the contrary (i.e. agent's details are sufficient in the absense of a formal written request for the landlord's correspondence address)



I'm not sure why you think this one is unfair?

I think that fact that even if he does return the key on time he's still 20 quid down, might be the point.

I can see that the LA might charge for out of hours service, but if you collect/return the key from their office in office hours, it's a little bit strong

tim

grifferz

I wouldn't get too bent out of shape about the key thing; they're clearly providing a service that you wouldn't get if you owned your own home. After you've changed the locks and not given them a key it's not one they can perform for you anyway.