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Wurzel Of Highbridge

Letting Agent Imposing Additional Terms And Charges During Tenancy Without Changing Contract

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Dear Mr. & Mrs. Wurzel

RE: Address

Due to an increasing number of tenants falling behind with rental payments, regrettably as of November 2014 we will be charging an administration fee of £36 (inclusive of vat), if your rent falls into arrears by seven days or more.

This fee will be payable upon payment of your rent, or from your deposit at the end of your tenancy.

We regret we have to do this but we are spending an increasing amount of time each month in recovering rent.

If this does not apply to you then please accept our apologies.

Yours sincerely

Nick Webber

West Coast Property Services (uk) Ltd

I replied to their email asking if we would need to sign a new contract since they are imposing this additional charge/clause.

I was wold that there is no need since our payments were up to date.

My question is is this legally enforceable by the letting agent?

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I thought it was a bit out of order emailing all of their tenants this email, that's why I replied asking if a new contract needed to be signed.

Rentals must be showing distress under sub-inflationary pay growth is eaten up by inflation. If it does turn cold and tenants have to turn the heating up then I expect their arrears to shoot up early next year, or perhaps sooner if they're on key meters.

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You could always see if the EA is a member of an association and shoot them off an email about your concerns. Alternatively a complaint to the property Ombudsmen will give them more fuel to lobby government about restricting agency fee's I've heard they want to shift all agency fee's onto the LL (although expect rents to rise as a result)

Another option is to write to them and say you will be paying a week early and will take £35 off as an early repayment fee :lol:

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You could always see if the EA is a member of an association and shoot them off an email about your concerns. Alternatively a complaint to the property Ombudsmen will give them more fuel to lobby government about restricting agency fee's I've heard they want to shift all agency fee's onto the LL (although expect rents to rise as a result)

Another option is to write to them and say you will be paying a week early and will take £35 off as an early repayment fee :lol:

I am tempted to contact the Property Ombudsmen over this, because where the feck does it stop?

Next week it will be an email saying that we are adding a fee just for paying the rent on time. I mean if they could just impose charges willy nilly then there would be nothing stopping them from adding all kinds of charges just for normal use of the property.

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The female dog that I have the misfortune to be currently renting from has this clause in her tenancy agreement. I scored it out and wrote lol. She hasn't commented so either she hasn’t noticed or she knows it’s not enforceable.

http://www.oft.gov.uk/shared_oft/reports/unfair_contract_terms/oft356.pdf Page 80-81 85

I would expect that penalty clauses like these contravene the Unfair Terms and Conditions of Credit Regulations too. There are ways LA’s and LL’s can charge you for late payments, a block fee is not one of them. Just scum sucking scumbags trying it on. Report them to Trading Standards too. Scum. Now they think they are banks, who get away with penalty charges as part of the core contract agreement. A tenancy agreement has the letting of the property as the core of the agreement.

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Thanks for the links. Useful stuff to read up on.

I rent directly from the LL. He seems a bit of a amateur but I've had no problems and no rent rise for 3 years. My tenant agreement states that I will be changed 4% above Barclay bank's rate on any outstanding rent.

At the end of the day, if it's not in your contract to begin with you don't have to abide by it. I'm sure the letting agents just try it on, they wouldn't have a leg to stand on in court. It's little wonder that everyone wants to buy a home in this country with these jokers running the rental market!

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