Is this the right thread to ask about a rental agreement being drawn up?

[DishingOutDone]

My DD is a student and wants to rent a house for Sept 2020. She paid a holding deposit and was given a draft tenancy agreement. The agreement is chock a block with fees which appear to be prohibited under the June 2019 changes. DD has queried this and they have said if we put it in a contract, and you sign it, it becomes legal - that is to say that if you willingly agree to the liberally sprinkled fees in the contract, it overrides any legal requirement that it be fair and in line with June 2019 act.

So basically, because they say so.

I reckon that's unreasonable - that it would not stand up to any "test of reasonableness" and that DD can now say that they have failed to agree the tenancy and ask for her holding deposit back. Its within the 15 days allowed.

Or should I put this in legal? TIA

What are the charges

The short answer is if you sign it the fee ban remains in place and they can’t override it but it depends what the charges actually are

Thanks for reply:

£25 if you agree a visit by the landlord and then you go out and forget to unlock room

£125 admin fee if you have to change one of the tenants (its a group of 3 girls) and £50 referencing fee.

£40 immediate fee if rent is 24 hours late and then £40 every time you are contacted about it, plus interest (I know they can charge interest)

£25 if you pay in cash

£40 if you miss an appointment with the landlord or workmen

£25 for a second copy of the tenancy agreement

Eviction proceedings if rent is14 days late (asking them to waive their statutory right to 2 months to find a solution)

All things that I think wont happen but its worrying that those things are in there, if they don't intend to charge them.

if it were that easy to evict non-payers and that much could be claimed for rent arrears, a lot of landlords would have a lot less trouble. So while I've no expertise in dodging the law, I can't imagine this will work.

it isn't. The tenant fees act even mandates interest on late rent payment charges and it is literally pennies.

why are you wasting head space on this lot? Unless your daughter actually wants to sign up for a total shafting from crooks, in what will probably be a shithole (because if this is their attitude to the legals, I can't imagine they'll bother with maintenance or safety). Assuming that she doesn't, demand the holding deposit back and find somewhere else.

there's no enforcement on dodgy agents or landlords, but it may be worth informing the university and the council.

Thanks @mencken - you are right of course. I think my DD is so disappointed as they thought it was a nice house that they want to find someone who is going to tell them its ok. I rang the Property Ombudsman this morning and they referred me to the TFA guidance for landlords and agents which clearly says that those are prohibited fees. The agency seems to be very sure that if a tenant agrees to unfair terms, they become fair!!

DD is going to have to say that as they have failed to agree a tenancy within the 14 days allowed they are entitled to their holding deposit back (they'd also be entitled to have it back as the agent has "sought to impose unfair terms" in the contract). I said to her to go through the Students Union place after Christmas to look for something else.

ah, good news that you've found definite reason to get the deposit back.

The agency should be named and shamed locally. There's no regulation of agents and they are obviously on the lookout for clueless students. They picked the wrong people with you and your daughter!

and as it will be an HMO, she needs to make sure it meets all the regs for that even if the agent isn't a lawbreaker. the How to rent guide will help.