9:21 AM, 10th September 2019, About 2 years ago 8
ARLA Propertymark has sought Counsel’s Opinion from housing barrister Erol Topal to clarify for it’s agent members if the tenant fees ban allows for a charge or commission to be made for arranging repair works. This has been a common and frequently asked question by agents since the legislation came into force on the 1st June 2019.
ARLA have released their summarised guidance with an example question:
Q. If a tenant causes damage such as blocking the toilet with nappies and the landlord instructs the agent to arrange the repairs, can the landlord pass on the agents’ commission as well as the actual costs of the repair to the tenants?
A. Opinion is that this would be against the spirit of the legislation and would only be possible if there were a clause in the agreement making it clear to the tenant. However, such a clause may be subject to challenge under consumer protection law and if deemed an unfair term, the agent could be liable for a penalty.
The conclusion is that the agent’s cost of arranging repairs is not recoverable from the tenant.
ARLA has confirmed it will not be changing its own standard contracts and advises it’s agents that commission or charges on repairs should not be passed on to tenants.
Click here to download the full legal guidance.
Please Log-In OR Become a member to reply to comments or subscribe to new comment notifications.
Advice and implementation provided by a practising Barrister-At-Law with £10,000,000 of Professional Indemnity InsuranceBook Now
|“Account”||means an account required to access and/or use certain areas and features of Our Site;|
|“Cookie”||means a small text file placed on your computer or device by Our Site when you visit certain parts of Our Site and/or when you use certain features of Our Site. Details of the Cookies used by Our Site are set out in section 13, below;|
|“Cookie Law”||means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003;|
|“personal data”||means any and all data that relates to an identifiable person who can be directly or indirectly identified from that data. In this case, it means personal data that you give to Us via Our Site. This definition shall, where applicable, incorporate the definitions provided in the EU Regulation 2016/679 – the General Data Protection Regulation (“GDPR”); and|
|“We/Us/Our”||Means Property118 Ltd , a limited company registered in England under company number 10295964, whose registered address is 1st Floor, Woburn House, 84 St Benedicts Street, Norwich, NR2 4AB.|
|Name of Cookie||Purpose||Strictly Necessary|
|JSESSIONID||Used only to collect performance data, with any identifiable data obfuscated||No|
|__cfduid||This cookie is strictly necessary for Cloudflare's security features and cannot be turned off.||Yes|
|Name of Cookie||First / Third Party||Provider||Purpose|
|__utma, __utmb, __utmc, __utmt, __utmz||First||Helps to understand how their visitors engage with our website|
|_fbp||First||Helps to understand how their visitors engage with our website|