Should I appeal Judge’s decision on renewal fees?

by Readers Question

8:52 AM, 6th March 2018
About A year ago

Should I appeal Judge’s decision on renewal fees?

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Should I appeal Judge’s decision on renewal fees?

I went to county court on Friday and the Judge at first said I had not submitted counter claim and that I would not be able to speak. I then told him where my counterclaim was on the papers submitted by the estate agent with my writing on it.

This is what the Judge had in front of him:

1 Two peices of paper neither with my signatures saying first year 10% second 8% third 7%. I pointed out to the Judge how all other forms had my signatures, but these had non.

2 Sheet of paper with the estate agents name and then in tiny writing two lines saying that I agree to all papers sent before by agent presumably the 2 sheets 10% 8% 7%, but no mention of what these papers were also that you have to have a gas check, EPC, electricity cert etc, with my signature at the bottom.

The Judge looked at the two sheets and the signed sheet and makes the decision that I have to pay the renewal fees.

I protested that I have never seen these and that my signature is everywhere but not on these. The Judge he said I have to pay.

I am thinking of appealing and asking if anyone has had a similar case please?

Allen



Comments

Peter Fisher

11:12 AM, 6th March 2018
About A year ago

It is not easy to say if you should appeal or not without seeing all the paperwork but if the terms of the agent were one sided and unfair then you could look at appealing on those grounds. What defence did you file and did you file a counterclaim. Are you talking of a few hundred pounds or thousands you have to pay due to the Judges decision. An appeal is not cheap either and needs to be filed correctly and in time or will be thrown out at the first hurdle. Did you ask for leave to appeal? You can contact me via my profile on here if you want to discuss further.

David Evans

14:35 PM, 6th March 2018
About A year ago

Did you take your case first to the Ombudsman?? I am appealing renewal fees with Dexters on the following grounds.
One the case in the High Court with Foxtons now limiting fees to two years
the other is
If the landlord is deemed to be “acting as a consumer” he or she will have the protection of the Unfair Terms in Consumer Contracts Regulations 1999/2083 (“UTCCR”). This legislation gives greater protection to consumers. An unfair term may be deemed unenforceable even if the disadvantaged party signed a contract where the offending term was expressly stated.

I believe I am a consumer under the existing law and therefore claim that Dexter's terms relating to a 30-month contract was an unfair term and also asking for an extension of this term for the tenancy been renewed is also an unfair term.
Not sure if that is helpful but this is the basis of my case

Rob Spencer

15:23 PM, 6th March 2018
About A year ago

Reply to the comment left by David Evans at 06/03/2018 - 14:35Apologies if i'm wrong but I think the Unfair Terms in Consumer Contracts Regulations 1999 were replaced by the more recent Consumer Rights Act on 1 October 2015. At least that is what I had successfully relied on recently when referring to unfair contract terms and conditions in a recent small claims hearing.

David Evans

15:31 PM, 6th March 2018
About A year ago

Reply to the comment left by Rob Spencer at 06/03/2018 - 15:23
Thanks for the update I will amend my complaint

moneymanager

17:56 PM, 6th March 2018
About A year ago

Without seeing the actual papers it's rather hard to pass judgement.

Puzzler

14:03 PM, 11th March 2018
About A year ago

Reply to the comment left by Rob Spencer at 06/03/2018 - 15:23
Only if the contract post-dates the change, otherwise the older legislation applies

Stewart W Campbell

16:07 PM, 13th February 2019
About 3 months ago

I am currently using the IPO to look at my problems with an Agent. I am the landlord.
I have had a NUMBER of problems where the AGENT has let me down. I have documented the long sorry saga and told the agent I was terminating the contract due to the problems which continued over years not just months.
The agent says I can not do that while the tenants is in the property they have to leave for at least 6 months before I can terminate.
I am fairly certain the clause is an UNFAIR contract clause as it is totally unbalanced.
I have agreed with the IPO to let them deal with it first then I shall take it to Court, I saw someone had used the small claims court, I was not aware they covered this type of claim, as I have used them before very successfully.
I can not find any court decision on Agents unfair contract clauses with the Landlord, If any one can point some our I would be grateful.


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