Ask a Law Question, Get an Answer ASAP!
Hello my name is ***** ***** I will help you with this.
Is there anything in the rental agreement that states a fee and interest can be charged?
Yes in the original agreement there is a contractual breach fee of £30. They have recently changed this to £75 without me signing a new contract but i believe they reserve the right to change fees. However in the fee section the only interest discussed is for late rent. I can't find anything that says they reserve the right to apply interest to a fee. I've asked them to point this out in the contract.
Even though the fee of £75 is utterly extortionate I can pay this in installments but they are refusing this offer.
I agree the £75 isnt justified, even £30 is on the high side, by way of example banks only charge £12
But if they cant point to interest on the fee, then they can't charge it, that is not permitted by contract
Can I clarify anything else for you about this today please?
As they have changed the fee from £30 to £75 do I have any rights to say I now no longer agree to the contract as my contract was based on a set of fees that have been greatly increased?
That does not suspend the whole contract, only that part of it
Do I have any rights to say I do not agree with the new fees?
No, but the Court can assess any fees.
When would the court become involved in this?
Once you dispute it and they try and charge you. You refuse and they take you to Court
OK so finally...if I paid the original fee in full and then said i'm not paying the new fee as i dont agree with the terms and they take me to court realistically how much would being taken to court cost me?
legal fees etc
As a small claim they can only recover Court fees if they win
You are disputing on the basis the fee is a penalty and excessive
sorry for my ignorance - how much are court fees roughly?
They can be found here:
ok thank you
one final thing
Am i allowed to say I've spoken to a solicitor about this matter by using this site or does this not count as a formal legal consultation?
when talking to the agency i mean
Yes of course. That is fine
Does that help?
absolute last question :)
do you think they're likely to take me to court over £45 or would the cost of them doing that outway the monies gained?
or is that completely dependent on the agency?
by £45 i mean £75 minus the £30 that i will pay based on the original fee figures
Unlikely I think. I would pay the original fee
Is it OK to say I've been advised by Solicitor Alex Watts to pay the original fee or is it not OK to use a name? sorry this really is my final question
i just dont understand if this is a formal consultation or not because it is online
i understand if we cannot use names