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Student lets - every tenancy agreement has prohibited fees and dodgy clauses - all insist its allowed

10 replies

DishingOutDone · 08/12/2019 11:28

I've posted something similar in Higher Education and Property/DIY and people having been helpful as they can but I noticed there are some landlords on here who might be able to shed light on this - DD going round some pretty dire student let houses to get accommodation for Sept 2020 (apparently its normal to do this before Christmas for following year). Found somewhere she liked, asked for draft tenancy agreement, it was full of fees like £40 is rent is late more than 24 hours, clauses saying that the landlord only had to give "reasonable" notice for access not 24 hours, saying tenants are responsible for sewers, committing them to professional clean including chimney sweep - these are just a few examples.

As guarantor I challenged a lot of this esp the prohibited fees and the agency was literally fizzing with outrage and insisted their regulator (in this case Property Ombudsman) had said they were allowed to charge all the fees etc. Property Ombudsman told me they'd never agree to that as they are not above the law. So then it was a case of he says/she says, agency said PO were wrong and in the end they said if DD was unhappy she couldn't rent anything from them. That agency has around 25% of student property in that city.

Tried another agent, draft TA is online, helpful I thought, checked that - even worse. I wonder if the landlords in these cases have any idea what the agent is asking on their behalf, or if the landlords have specifically asked for these things to be included?

If we have to get legal advice on every draft TA for any property DD is interested in, it will take months - particularly if the agency is then saying that regardless of any advice she's had, its their way or no way. What has been the experience of landlords here - is this a general problem with student lets and/or letting agencies? Should we just ignore suspicious clauses, sign and then hope for the best?

OP posts:
cdtaylornats · 08/12/2019 12:50

Ask the university. Edinburgh universities all got together and bad landlords got removed from their lists. Most universities/student unions retain a lawyer for things like this.

Sparrowlegs248 · 08/12/2019 12:53

Landlords can write whatever they like in a TA, most of it won't be enforceable, the TA doesn't override the law.

I would suggest contacting Shelter for advice, and would actually report any landlords/agencies you feel are acting illegally or in breach of legislation. You can find the relevant tenant fees act legislation online.

DishingOutDone · 08/12/2019 12:56

Landlords can write whatever they like in a TA, most of it won't be enforceable, the TA doesn't override the law. - I think this is the crux of it. The agency with control of a lot of property in the city said that the contract was enforceable because DD would sign it, as if signing an illegal contract makes it legal. But I know that's not true - so maybe we should have simply signed it off in the hope that it would "all be ok" in the end?

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mencken · 08/12/2019 14:02

The English tenant fee ban is new and there are probably no test cases yet. You need to kick someone awake at the university and get this law-breaking agent removed from their housing supply. There is unlikely ever to be much enforcement of the ban, it is as always a matter of not feeding crooks.

they will be preying on the ill-informed students. While student letting is a specialist area as the trash rate is so high, it doesn't actually follow that students have to live in a shithole. And certainly not an illegal one.

BTW if the place has a solid-fuel fire (i.e. chimney sweep needed) it must have CO detector.

DishingOutDone · 08/12/2019 17:59

Thanks again to @mencken for advice on here and my other thread. I think you are entirely correct, the fee ban is new, its a nice idea, but its not being enforced.

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badgermushrooms · 08/12/2019 18:07

This is absolutely not legal advice but...might she not be best just signing an agreement with this unenforceable bollocks on to get somewhere to live, and leaving them to discover it's unenforceable when they try to (eg) take an illegal fee out of her deposit?

In my experience (from when I was a tenant) most landlords don't have a clue and just trust their agencies to advise them. Which is very silly as they're ultimately responsible for what the agency does on their behalf.

DishingOutDone · 08/12/2019 23:05

badgermushrooms you are so right. I wish I had just let her do that rather than insist it was all sorted out properly.

This is what I think, that the agencies are having a picnic with these mashed up agreements and landlords are just told "we got a good deal for you!"

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BubblesBuddy · 09/12/2019 00:23

It is presumably possible to rent a flat without a fireplace!? Cleaning clause is standard for students. They pay a share of a professional clean. A few years ago DD paid £15. However I would suggest this really is worth it! Unless you really love deep cleaning a property of course?

Students set up direct debits on dates agreed. They are not late payers so no great worry about that. You normally set the payment up the day the student is due the loan payment. So this can be organised easily and she would never be in a position to be fined.

My DDs found the landlords maintenance person was actually responsive and one came round on call. The landlord didn’t keep coming round but you want any repairs done in a timely manner. I really don’t think the landlord will be round all the time!

Lastly, why rent a shitty place? It doesn’t have to be this way. Fortunately I have DC who were discerning. Talking to existing tenants tends to allay fears and she should do this. However I do think you are worrying a bit too much.

DishingOutDone · 09/12/2019 12:16

I was worried that if the agency were so arrogant and would try to bulldoze my DD and other students into signing these agreements, then they (and/or the landlord) would be the sort of people that didn't bother about repairs and ordered a professional clean so as to get the money not so as to happily relieve students of cleaning - after all, that's also a way they can try to retain the deposit.

She was discerning which is why she only saw once place that looked reasonable, and she did go round on her own and talk to existing tenants. The example about the fireplace, and indeed all the other extracts from sample contracts are just that - sample extracts, not a definitive list of issues that you have resolved with your reply.

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Iwouldlikesomecake · 14/12/2019 19:27

You can write what you like on a contract and it can be signed but if it’s unlawful then it can’t be enforced. I took a landlord to small claims court for the exact same thing and got most of our money back. This was before deposit protection schemes.

It’s not a good starting point I will agree.

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