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Posted

Many are aware there were changes that came in during 2019 for new tenancies, relating to charges and penalties no longer allowed.

Those changes became applicable to all existing changes by 1st June 2020.

There are a few more than the true but sarcastic referred to change in the title.

One that has caught me out is the penalty for late payment of rents. Each month if arrears are greater than £50 at 5 days after the due payment date I would apply a £30 penalty. As it was a term within the AST I thought it was ok. NOT, I have been wrong.

The titled charge may be 'only' made if it is detailed within our AST.

Also if detailed within our AST we may apply a charge at a rate of 3% above the BofE base rate for payments that are 14 days late, so 3.1% at the moment. This is pro rata. So if a T is 2 weeks late paying say £1,000 rent. At 3.1% /52(weeks) we may charge 60p per week.

I am now at risk of a £5,000 fine for my charges (civil suite).

As I have done this monthly on 3 tenancies, I guess, I am at risk of being a repeat offender and liable for £30,000 (now criminal). However just maybe I am innocent till proven so not yet an offender???

Years ago it was advisable to return unprotected deposits and hopefully head off any deposit claim of 3x (plus deposit return anyway). While I'm intending to return the £990 I've applied for late payments I've seen nothing to suggest that lets me off the hook.

I don't think the Gov't likes us anymore.

  • 3 months later...
Posted

The above is correct, but it would seem only in England.

Most don't have concern for Welsh rentals but for me it is of great relevance. I intend to confirm this but it looks like the Welsh aren't automatically included in English legislated attacks on us, they seemingly must create their own legislation.

For me it has felt like the Welsh, and socialist, Gov't have been competing to go better than Westminster on more than the letting industry. And I read that Shelter Cymru are annoyed that the School Ass embly haven't gone far enough, and of course they want stronger and more imposing measures against us.

If my understanding is correct I'm not a criminal. I can still have my £30 pm from those that treat me like a credit facility. But can I encase them within the property till they succumb to the Englishman's wishes?

Edward No1 wasn't wrong.

 

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