On January 2021 I moved into a new place, a single room in a shared house in London. I set up a standing order and I’m paying £100 pounds per week.
Contract: Holiday let, one year contract, agreed on £100 NET WEEKLY no additional fees.
Contract:
(Imgur: The magic of the Internet)
For half a year there were no issues.
On 8th of June 2021 I’ve received the first letter, stating from now on I have to pay in cash otherwise I will pay 5% bank transfer fee and £40 breach notice fee, and if they don’t receive the money by Monday morning (the day of rent payment) the fees will be as follows : 5% bank transfer, £40 breach notice, £20 late payment each day. Also stating that I can pay monthly by bank but with additional 5% fee.
5th of July Landlord himself showed up in the house to collect the money. I told him that cash payments weren’t agreed on and that I will continue to pay by bank transfer. Even showed him the contract, he said that “the agent had no authority to change the terms of the contract and that she no longer works for them” He got very irritated, started shouting and swearing, and said that I can pay every four weeks. I told him that I can do that if its written down and signed by both of us, he then called me an asshole and started demanding cash payments again. then he gave me a breach notice/fee of £160 (100 rent, 40 breach, 20 late payment) I ignored it because my rent was paid on time!
12th of July Landlord showed up again to collect cash. this time I was recording everything to keep the evidence. He was demanding cash as usual. I showed him my contract and told him that It was agreed to pay by bank and that I paid by bank for half a year and unless its written down and signed by both parties I’m not changing the way I pay. He was threatening me to not return my deposit, saying I will end up on the street and things like that. Also I asked if t I can pay by card but he refused because he doesn’t accept cards and doesn’t have the card terminal. I also said that I wanted to accept the offer to pay every four weeks by transfer but he called me an asshole and left. (All of that is recorded.)
On 20th of July 2021 I received another letter stating I owe him £40 for breach notice issued to me on 5th of July (I didn’t receive anything that day) and £40 for breach notice on 12th and for the letter (breach notice) itself £40 totalling to £120 .
with addition of £17 per week for service charge. (you can find that on page 2 of my contract) to my £100 per week.
27th of July I received a notice that I owe him £177 . (120 from before, 40 notice fee, 17 service charge
Can I be charged such ridiculous amounts just because its a Holiday let which is excluded from tenancy fees act 2019? what if it was £400 and not £40? where is the limit?
His arguments are:
- " your agreement was done by Nagela and she had not authority to change the terms on it" (sic)
- 4.12 VI. Service charge weekly of £23pw double £17pw single room
- 4.12 VII. Please note that the holiday letting fee is only collected in cash from weekly houses at no additional cash fee.
- 4.19 . 4.19 The Landlord gives notice to the Tenant that no amendments to this Holiday Letting Agreement may be made unless agreed in writing and signed by a director of the Landlord his e mail is [email]
Can they charge me the £17 service charge (as mentioned in 4.12.VI of the contract) when the contract says Total £100 NET WEEKLY and this is all I was told I would be paying and all I’ve been paying for the last half a year (they only started to demand this charge when I refused to pay them by cash)?
Can I be charged for refusing to pay in cash, based on this contract?
I was dumb enough to sign I was not a resident of the UK because I confused it with being a citizen. But I told the agent I was receiving Universal credit and she said it was ok because its not a housing benefit.
What should I do?
(sorry i was limited to 2 links only)