TDS Claim and LL counterclaim

[looking4info]

We have recently entered a claim with our local CC using the part 8 channel for our deposit as it was not insured and not returned to us when we vacated the property.

The LL has filed a countered claim although he has done it wrong and issued a new claim) for late rent payment charges of £25 per day and cleaning charges. Both of which are unjustified as when we paid our rent late he said he won't charge £25 per day it is only to deter tenants from paying late, when we left everything was up to date and we have emails leading up t when we left although none of them say we don’t have to pay the fee, they imply that all payments are up to date. Cleaning charges are not justified and we have a witness and photos to prove the place was spotless.

Any advice would be appricated, thanks

[Snorkerz]

Does your landlord have an inventory / condition report signed by you from the start of the tenancy? If not, his claim is destined to fail. If so, he has a chance of success, but it depends on how specific the original report is, and how independant the leaving report was. Did you attend the checkout? Were you invited?

With regard to the fees, the concensus on this forum seems to be that BoE base rate plus a few percentage points (which is pennies) is the max you can get away with, without risking running foul of the "Unfair Terms in Consumer Contracts" regulations. There is no doubt you agreed to the fee. You have nothing in writing to prove he waived it, but if you have any statements since then that do not show it then you have some circumstantial evidence that he agreed to waive it. If you reply to his counterclaim along the lines of "he agreed to waive it, but it seems to be an unfair clause anyway under UTCCR"*, then I think you have a reasonable chance of blowing that one out of the water.

*This is not recommended wording - take advice before putting pen to form!

[theartfullodger]

As snorkerz says

http://www.oft.gov.uk/OFTwork/public...onsumer/oft356

page 22 3.46.. ...,

We regard a requirement to pay unreasonable interest on arrears of rent, at
a rate substantially above the clearing banks' base rates, as an unfair
penalty. We regard the imposition of a fixed daily or monthly charge for
overdue rent, and regardless of the amount due or the surrounding
circumstances, as being penal rather than compensatory in nature, and
unfair. Tenants would have to pay more than the cost of making up the
deficit caused by their default.

etc etc etc etc...

Best of luck - your LL sounds a Plonker.. (NB I am descended from one Elizabeth Plonker... married 5th December 1596; Think some of my tenants think I am still a Plonker... .) - think that may move to TAB,..

[Snorkerz]

As snorkerz says

http://www.oft.gov.uk/OFTwork/public...onsumer/oft356

page 22 3.46.. ...,

Just for claritys sake, we should point out to looking4info that the OFT stuff artful linked to is their take on the law - it is not law itself. However UTCCR 1994 (don't know if it is current) states that "requiring any consumer who fails to fulfil his obligation to pay a disproportionately high sum in compensation;" would be an unfair contract.

[Brb]

Just prepare your evidence, get their evidence and write your witness statement (summary of what happened) it is quite straightforward.

Thanks

Errr follow your own advice ?

[looking4info]

Hi all thanks for your advice

Snorkerz: No we had no check in inventory, he attempted to do a check out after we gave the keys back, and we never heard of this again, I think he gave up on this as we had filled our claim by then.

I didn't realise the unfair terms could apply here but now that I think about it; it makes sense, I must update myself, I remember some of this from reclaiming my bank charges. I will look at the BoE rate when I get his schedule of charges. Thanks!!

Theartfullodger:
Yes he is, what is so annoying is that we had quite a good relationship with him until this, my partner had known him before. He has over 6 flats in our complex and prides himself as a 'professional landlord'

Brb:
Lol yes, I haven't been on here for quite some time, but it is always very helpful here so I pop back occasionally.

[jeffrey]

Just for claritys sake, we should point out to looking4info that the OFT stuff artful linked to is their take on the law - it is not law itself. However UTCCR 1994 (don't know if it is current) states that "requiring any consumer who fails to fulfil his obligation to pay a disproportionately high sum in compensation;" would be an unfair contract.

Not the 1994 Regs. any more! See now the 1999 Regs., amended in 2001 and 2006.
http://www.legislation.gov.uk/uksi?t...%20Regulations

[theartfullodger]

.......



Theartfullodger:
Yes he is, what is so annoying is that we had quite a good relationship with him until this, my partner had known him before. He has over 6 flats in our complex and prides himself as a 'professional landlord'

That'll be like all those blokes who claim to be a "good driver" then, with no evidence or independent assessment whatsoever...

Point him at this site/this thread?? (He could of course be reading it...)

Cheers!

[Brb]

Brb:
Lol yes, I haven't been on here for quite some time, but it is always very helpful here so I pop back occasionally.

Well sometimes we're good at giving advice and not taking same route ourselves LOL. I can stick up for friends but useless at defending myself.

Good luck with everything. To be reasonable I may offer a one off payment of £15 or so to cover admin/interest. Thinking you can expect £25 per day late charge is just plain bonkers.

You got a judgement against a previous LL on your other thread. It's nice when ppl update what happened. Did you finally get the monies due ?

[looking4info]

^^ Yes me to!!

We did get a successful judgement against the last LL but they still have not paid us our money, we tried to get a third party debt order but they did not have any money in that account so were going to sort out a charging order soon.