Fighting tenancy/agency fees

[BLABLA]

Hey, everybody

As you may know, tenancy fees are illegal in Scotland. In England, however, they keep making renting an absolute nightmare for people (some agencies charge up to £700 of fees for a tenancy!! ).

There's a company called CaseHub Ltd that builds class action lawsuits and they're aiming to launch one against letting agents in a few months, to get tenants refunded and hopefully set a precedent to ban tenancy fees once and for all in England. :banplease:

People can sign up for updates on the case here.
You don't commit to anything by signing up to the mailing list, you'll just receive news on when and how the case will launch so you can be one of the first participants when it does.

It's important to spread the word and start campaign building, as CaseHub needs enough people to join to be able to challenge the fees in court. This is more than a petition! if it happens it can be HUGE.

Thought LegalBeagles was a relevant place to post this. It can be a legal revolution if class actions happen in the UK.

Cheers!

[R0b]

Re: Fighting tenancy/agency fees

I doubt you will have a complete and outright ban on this unless the legislation will change. As I believe it Scotland has brought in legislation to confirm that certain fees are deemed illegal. On the other hand I do not believe that England has anything simila - therefore you would need to argue I guess under the test of reasonableness. Clearly it could be considered some fees by letting agents are excessive but of course that is up to the courts.

For reasons as to why I think an outright ban on these will not happen is because of the Consumer Rights Act 2015. Can't remember exactly the sections which are relevant but it does specify certain obligations for letting agencies, including:

1. transparency in their fees, inclusive of VAT
2. all fees displayed on their website
3. cannot use the words administration costs
4. describe how these fees are calculated

As I have said, I don't believe that there is any law relating to what letting agencies can and cannot charge and until that happens, I think they have a right to charge certain fees provided that it is reasonable to do so. For example, a charge for £100 on a credit reference might seem unreasonable because that could be conducted or supplied by the proposed tenant at a much lower cost. Equally, if a proposed tenant walks away from the property and pays a deposit of £600 but only a credit reference check has incurred then I would also say it could be unreasonable not to return all or most of the deposit.

I just can't see the Courts giving an outright ban as that is the job for Parliament not the Courts.

[Amethyst]

Re: Fighting tenancy/agency fees

This bit Rob xx http://www.legislation.gov.uk/ukpga/...pter/3/enacted

CHAPTER 3 Duty of letting agents to publicise fees etc

83.Duty of letting agents to publicise fees etc

84.Letting agents to which the duty applies

85.Fees to which the duty applies

86.Letting agency work and property management work

87.Enforcement of the duty

88.Supplementary provisions


Shelter have a campaign going about letting agents fees. As we don't know specifically which fee's are being looked at in this class action or on what basis the claim is being brought, it's a little tricky to comment much UTCR - penalties - CRA - consumer protection regs ?

[Amethyst]

Re: Fighting tenancy/agency fees

Interesting site - http://lettingfees.co.uk/ - compares letting agent fee's and points out online agents who don't comply with the CRA.