Landlord fining tenants?!!

[orangenasturtium]

I'm going through a tenancy agreement for one of my DC who is at uni. It's a standard AST that has been cut and pasted together by some muppet at the letting agency who can't even run a spell checker and whose legal training probably extends to watching a couple of episodes of Judge Rinder.

It's full of illegal and unfair clauses and spelling mistakes, eg 10% interest AND late fees for late rent, having to give notice at the end of the fixed tenancy, having to provide receipts for professional cleaning at the end of the tenancy etc Along with the usual rules about checking smoke alarm batteries, not tampering with the smoke alarms, no smoking, no pets, no blu-tac and the usual clauses saying that the landlord can recover any costs for repairing any damage caused by breaking the rules, it also says the landlord will fine the tenants £100 for any breach!

Surely that can't be legal?!! I can't actually find anything on the law. I'm pretty knowledgable on property law as a landlord of several decades but this has stumped me. I've never seen anything like it in a tenancy agreement. Has anyone else ever come across this?

AIBU to think this is illegal, and, if it isn't, it should be?

call shelter....housing charity.... they will tell you the law

It certainly sounds illegal. Presumably none of the illegalities will be enforceable.

I've certainly never come across anything like it and I helped literally hundreds of clients get or keep tenancies in my old job.

Sounds illegal. Certainly not enforcable.

Regarding additional charges, the Tenant Fee Ban put the kibosh on that last year, but many agencies haven't adapted their ASTs.

You can find details of what can/can't be charged for here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachmentdata/file/819635/TFAATenantGuidancee190722.pdf

Professional cleaning is an utterly bollocks clause, totally unenforceable. As long as the property is cleaned to the same standard as it was when it was handed over, they can't require a receipt. Tenants can clean if themselves.

Blu-tac etc is crap too, marks like that on the walls would fall under fair wear and tear on deposit, so it's negligible.

Some good articles on landlord advice site too, lots of work is going in to trying to stop the ridiculous clauses, they're a pain! (I'm not a letting agent btw!)

Shelter's website is excellent but there is nothing about fines. They are overwhelmed with enquiries so they don't give telephone advice any more unless you are being evicted or threatened. I imagine they are even more overwhelmed at the moment.

I have no idea if that is legal there. I don't rent to UK residents only Americans with my properties. But that is very common in the states,totally legal and whats to be expected. I do charge those fees stateside because its normal

Rules have changed since tenants fees act 2019 and professional cleaning is no longer allowed to be enforced. Landlord sounds like they need to read the updated rules and regs. They can no longer take money off deposit without receipts and it needs to be held in a specialist deposit scheme.

Thanks, everyone. I know all the other stuff is illegal or unenforceable. They also have the old chestnut that they reserve the right to enter the property using management keys without the tenants consent, if they give 24 hours notice. I am just curious somewhat irrationally outraged about the notion of "fining" tenants.

Landlords and estate agents are limited to what fees they can now charge, so are thinking of new ways of making money.