Charging Maintance Fees prior to June 2020 Ban on Fees

Landlord Discussion Legal
1

Hi all,

I have a tenant who is vacating next month - they have agreed previously to pay half the maintenance fees on the property but are now saying they won’t pay as agreed (I have emails to confirm they agreed to this). The tenancy started a month prior to the ban on charging additional fees / charges for new tenancies came into force in June 2020.

Am i able to make a claim for this through the deposit if this isn’t paid do you think or am I going to have to write this off.

Thanks

Piers

2

I would write it off and not give a good reference

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3

I don’t understand. What are maintenance fees?

4

If you mean leaseholder maintenance/service charges, then these are your costs as the landlord. They are not something you can expect your tenant to pay. You have to charge a rent that covers all your costs. You can’t now require the tenant to pay this fee as its in breach of the Tenant Fees Act.

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5

Tenant did agree to pay half of this on entry to the property surely they are held to this with written evidence especially as tenancy was created prior to the changes in charging fees?

6

The law has changed since his tenancy so I am afraid you cannot. The only thing you can do is increase your rent to cover your cost on the next tenancy.

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7

Looks like this is a no go then… emails received up until last week saying going to be paid and now can’t legally allow it… doesn’t seem right considering agreed to it formally but there we go - first time renting. Property is being sold so I can’t really make it up later ho hum!