Tenant trying to get out of paying late rent fee

[Stef Cooke]

Tsk tsk, artful - cheers chaps (cos no woman contributed anything, did they )

[jpkeates]

Tsk tsk, artful - cheers chaps (cos no woman contributed anything, did they )

What?
With their tendency towards hysteria and breaking off mid post to give birth, hard to see how one of the ladies could contribute anything much.
They could possibly offer a useful sandwich to keep the real contributors going.

[landlord_of_the_dance]

OP, stop trying to wriggle off the hook. In Oct we expect a whole raft of new legislation, including inability to charge the T any Fees. You have been told the OFT decided late payment fees may be 'unfair' many months ago, so I would delete your 4% pa from future ASTs & not apply it for current Ts. Monitor your Rental Account and sue/evict anyone owing more than 2 month rent, when you can legally request up to 8% pa be applied.
If you estimateyou have collected £1000+ in late payment fees that is a lot to poss refund. It is also Income whhich needs declaring to HMRC.

I understand your stance, but there doesn't really seem to be any reason to do this as things stand. There is simply too much to be earned through charging it and backing down to protect myself if someone should challenge it (this is the first time in countless charges I have made). If in future there becomes repercussions for such a practice then I will gladly change my methods. This is how a business operates.

I do indeed declare everything to HMRC

[landlord_of_the_dance]

Do you as landlord or you as letting agent declare the penalty fees as income?

Which letting agent redress scheme are you as agent a member of?

Cheers!

I charge them as a letting agent, and am a member of the property ombudsman

[landlord_of_the_dance]

Tsk tsk, artful - cheers chaps (cos no woman contributed anything, did they )

Sorry Stef, I intended it as a non-binary term! Such as how 'mates' or 'guys' has become.

[Stef Cooke]

Sadly you bumped into a feminist who knows that all that 'non binary' claptrap is all hot air and bluster, sex is biology, gender is a social construct. Such is life as a woman, you get erased all over the place!

[landlord_of_the_dance]

Sadly you bumped into a feminist who knows that all that 'non binary' claptrap is all hot air and bluster, sex is biology, gender is a social construct. Such is life as a woman, you get erased all over the place!

I'm not quite sure what you mean... I was saying I wasn't erasing you, 'chaps' is just a figure of speech that I use to include everyone involved, regardless of gender. Apologies if you thought I was not acknowledging your contributions.

[alex1]

I understand your stance, but there doesn't really seem to be any reason to do this as things stand.

It it being illegal is not enough for you?

There is simply too much to be earned through charging it and backing down to protect myself if someone should challenge it (this is the first time in countless charges I have made).

Why stop there? Why not go and commit fraud? Probably won’t get caught. Or rob a bank? Big pay-off if you get away with that. Or go out and mug people? If you pick only the frail-looking ones, most of them won’t challenge you.

If in future there becomes repercussions for such a practice then I will gladly change my methods.

I imagine the authorities take a dim view of wilfully breaking the law in order to enrich yourself.

This is how a business operates.

It’s how a business operates if they have no respect for the law.

I do indeed declare everything to HMRC

Is there a section on the tax return for money obtained through illegal penalties?

[theartfullodger]

I charge them as a letting agent, and am a member of the property ombudsman

But as the penalty fee is defined in their contract (presumably AST) which is between tenant & landord it should sue be charged and declared to HMRC by landlord?

On reflection is this right for all such fees defined in tenancies?

[jpkeates]

An agent can't make a profit from their principle's asset unless the principal agrees.
So any profit on a late fee - which seems to me to be all of it, because there' no cost to the agent - belongs to the landlord.

Letting agents have to either agree with the landlord the fees that they will charge or take fees commensurate with the work and costs associated with them.
Obviously, neither the landlord or agent should take fees that are not legal.

[DPT57]

I understand your stance, but there doesn't really seem to be any reason to do this as things stand. There is simply too much to be earned through charging it and backing down to protect myself if someone should challenge it

Because tenants can make life difficult for you as youre now discovering. Your stance really is exploitation of the weak by the powerful and I can see exactly why the fees ban came about

[jpkeates]

Unfortunately, the fees ban doesn't affect this type of fee.
Luckily it's already not legal.