LA taking me to court for HIDDEN Terms!!

blueangel-99

Hi all,

I have a problem and it is simple indeed but want to know what other people have to say about this situation.
I got a LA to find me a Tennant. Just used thier FIND only service, ie they find you a tennant, you the Lamdlord pay them a commision and that is the end of it, you the Landlord manage the tennant and the property with no intervention of the LA. They were not managing the property as I had wanted to do that myself.
I signed the normal contract with the agency albeit to me they had slipped in a TERM in the contract saying that weather they renew or did not renew or extend the Tennancy through them the LA, I will still be laible to pay them a months rent. The tennancy was extended twice and I did all that myself and even issued my own TA to the tennat.
Okay people, I should have read the contract in detail which I failed to do so my fault on that side.
Now the LA has filled a claim in court claiming that under terms and condition of the agreement, I do owe them this said amount irrespective of the fact that they DID NOTHING in the extension of the tennancy and did not have to pysically issue any new TA.
The fact is that the LA did not extend the TA with the tennant as I did that myself and also practically did nothing but want payment for doing nothing at all because they had slipped in this TERM in the contract beween myself and them the LA.
Surely this has to be classed as an unffair contract term as:
1. they have suffered no loss and:
2. had not offered any consideration of any sort to warrant payment.
What law do I have to stand on and how best do I go about proving my case to my advantage as I clearly want to defend this claim by myself. I currently have the county court claim form filled by the Letting Agent which I have to respond to and want to fill in the part that says "I INTEND TO DEFEND ALL OF THIS CLAIM"
I am so outraged that they are even trying to take me to court over this.
Please all advice in this matter are all welcomed.:mad:

Leightonian

blueangel-99 wrote: »

Okay people, I should have read the contract in detail which I failed to do so my fault on that side.

hmmm , well hate to state the obvious but i imagine the LA`s solicitors drafted the contract in the first place ...

SquatNow

Check it's in YOUR copy of the contract, and isn't just something they've added in afterwards.

RabbitMad

What is the exact wording of this term?

maninthestreet

So what term has been hidden? Seems like the term the LA are referring to was in the contract that you signed, assuming it's in your copy of the contract.
From what you've told us about the wording of this term, you are liable to pay this money to the LA.

silvercar

This is a standard term in a lot of London letting agents T&C I'm afraid. Their arguement would be that if the current tenant left they would be paid to find a new tenant, so if the tenant stays they should still get the money. Otherwise it would encourage them to find fly-by-night tenants who don't stay long!

I did read somewhere (possibly landlordzone.co.uk/forums) about it being and unfair contract term on the grounds they would be claiming money for doing no work, so the charge doesn't bare any relation to the work involved.

Whatever the outcome, I would give notice to the LA now dispensing with their services, otherwise they will want more money in a years time.

clutton_2

""I should have read the contract in detail which I failed to do so my fault on that side."" - hindsight is a wonderful thing - but it seems as if you did not read your contract properly - sorry - but no one "slipped in" a clause - you simply were not careful enough with your reading.

i would bite the bullet, and pay up - there may then be less costs and at least you will not end up with a CCJ if you pay within the time frame that the judge dictates.

RabbitMad

Did they ask for the money before you got the summons. If not you could pay the money you "owe" and enter in to your defence you were not aware you owed the money until you got the summons and avoid the court costs.

Alternatively you could ask for the claim to be struck out as they haven't followed protocol and then negotiate with the LA on what would be a fair fee.