Solicitor Fees - Please help. I am a tenant that voluntarily left after section LBA & Section 21

_Penny_Dreadful

https://forums.moneysavingexpert.com/discussion/comment/81978820#Comment_81978820

They can put whatever they like in the agreement but the agreement cannot override statutory law.

The Tenant Fees Act 2019 limits what a landlord can lawfully charge a tenant.

https://assets.publishing.service.gov.uk/media/5f745d69d3bf7f287328e5a5/Tenant_Fees_Act_-_Tenant_Guidance.pdf

saajan_12

https://forums.moneysavingexpert.com/discussion/comment/81978820#Comment_81978820

Yes the advice still stands. At this point I'd stop debating with them, just pay the arrears + interest and let them sue you for the rest.. they won't, they just want to keep threatening.

GDB2222

I’d just add that the way to pay the arrears and interest is through the deposit.

Herzlos

Quintain Living appears to be an investment company with thousands of properties. So they almost certainly have in-house legal staff and will send loads of these cut-and-paste letters. They aren't going to be paying an external solicitor hundreds and hour to send a letter, and as I understand it they can't bill you for their legal teams time as it's a normal part of operating a business.

''We will not be entering into any further protracted negotiations regarding the balance and if we are required to correspond with you further regarding this, the costs incurred in doing so will be added to your liabilities.''

In that case I'd agree with them, stop corresponding with them on it entirely.

Either send a quick "Your response has been noted. We both know the costs can't be justified so any legal action will be robustly defended".
Or just don't bother replying. If it came to court, they can't really claim you were being unreasonable since they told you not to reply.

IF it went to court, and IF the judge sided with them, you'd have to set up a payment plan and it'd cost them more to handle than they'd recover. So you don't really have much to lose beyond a bit of wasted time if they insist on court.

Worried_fool

https://forums.moneysavingexpert.com/discussion/comment/81978820#Comment_81978820

Yes, everything said previously still applies. No, the new wording does not mean the same as the "ordered by a court" in the old contract.

The new wording means that you have to pay, but since this is legally an unfair term it is not enforceable.

HolyLad

Hi All.

I thought to keep you updated

The rent arears still stand at just over £800. Its been nearly 2 months since I left the property so I am worrying a bit.

I am trying to use that from my deposit but getting no where

The landlord is trying to charge cleaning and redecoration fees which takes me over my £1000 deposit amount and therefore I cant release just the rent arears. Obviously I will dispute both these because I had it professionally cleaned and have pictures of move out.

There reason below.

****

Cleaning  £225.85 Redecoration£90.00

Other    £684.15

Other (reason)Rent arrears total is £870.65. Can only input £684.15 due to £1,000.00 deposit limit. Remaining £186.50 will be settled with finance

****

I guess the deposit is seperate from the legal fees whereby I am speaking to the solicitor.

I am really thinking about withdraw my initial offer of £300 to cover the legal fees and if they want to take me to court so be it.

What should I do? Its been nearly 2 months since I left and rent arears are still there which I really want to try avoid.

Is it worth me withdrawing me legal fees offer or will this make me look bad if it went to court? If they are going to get me on silly redecoration, cleaning fees no chance I want to pay any more for legal fees...

This was the last email I sent to the solicitor, 2 weeks ago, and the only reply I have had is we are waiting on instruction from the landlord.

Interest  

I will pay £75.50. The higher figure quoted by you of £99.28 is not accepted, as interest could not accrue during my Breathing Space period (24 October–23 December 2025). £75.50 reflects the correct position once that period is excluded. You also acknowledged the Breathing Space period in your correspondence, see your colleagues email and the landlords' payments team email, so your calculation is incorrect.

Legal costs (£881.50)  

I dispute the legal costs in full. While I note Clause xx, any costs claimed must be reasonable, proportionate, evidenced, and compliant with the Consumer Rights Act 2015. The steps taken were pre‑action only and do not justify the level of costs claimed. No proceedings were issued, and the Tenant Fees Act 2019 prohibits charging tenants legal or correspondence costs unless ordered by a court.

Regarding the Section 21 notice, it was served in January 2026 and required possession after 27 April 2026. I had always planned to not renew any further tenancy and would be leaving at the end of my contract date which was also communicated to the landlord well before receiving any letter. I vacated voluntarily on 24 April 2026, before the notice expired. As you will be aware, a Section 21 notice is a discretionary step and does not create any recoverable cost unless a possession claim is issued and the court awards costs. No claim was issued and no court fee was paid. No costs can arise from the Section 21 notice and you never needed to enforce it.

In summary, I do not accept that any of the legal costs claimed are payable. The sums appear disproportionate to the limited pre-action steps undertaken and have not been supported by sufficient evidence or justification. In the absence of proceedings or any court-awarded costs, and given the nature of the work described, I do not consider these charges to meet the required standards of reasonableness, proportionality, or recoverability.

Without any admission of liability  

My offer remains £300 as full and final settlement of the disputed legal costs and interest. This is the maximum I am able to pay and is offered solely to bring the matter to a close.

Finally, I note your statement that further fees may be added in respect of ongoing correspondence. I do not accept that costs arising from routine correspondence or reasonable queries are recoverable in these circumstances.

Upon written confirmation that this offer is accepted in full and final settlement of all claims, with no further sums to be pursued, I will make a payment of the £300. This offer is made to resolve the matter efficiently and without the need for further dispute. 

Should this offer not be accepted, I will address any further action through the appropriate channels

HolyLad

Any help if anyone has the time?

_Penny_Dreadful

https://forums.moneysavingexpert.com/discussion/comment/82012787#Comment_82012787

You could withdraw your offer of covering their legal fees by citing the Tenant Fees Act 2019 stating that since making the offer you’ve learnt they were unlawful. You can also report them to the local authority’s trading standards for attempting to charge unlawful fees.

As for your deposit I would initiate the process with whichever scheme it’s registered with for its return. The onus is on your former landlord to prove any deductions for cleaning and redecoration are reasonable.

silvercar

you could send the £300 by cheque with a letter marked full and final settlement. It may tempt them to cash it.

GDB2222

I think you are over complicating things because you are saying that you will pay this item, but not that one. It really doesn't matter to the landlord. You need to pick an overall figure.

You then make an offer of £x in full settlement of all the claims being made against you, including the solicitor costs. It really doesn't matter to the landlord how you got to that figure of £x. The landlord simply looks at £x and decides whether to take the low hanging fruit or to spend a lot of money on pursuing you through the courts in the hope of getting more.

You should look up a template for a 'Part 36 offer' and use that.