Here is a question to the blog clinic from Diane who is a tenant:
I have just received my draft tenancy agreement for the new property I am about to move into and on reading it states that every 6mths I will need to go through a credit check/referencing @ £80 plus admin charge@£80.
So every 6mths I will have to pay £160 to stay in the property. I have been living in rented property now for 6yrs and have never had to have referencing done again. Can they do this?
My view Diane is that, no they can’t, and that this clause will be considered unfair under the Unfair Terms in Consumer Contracts Regulations.
If you have signed this tenancy agreement my view is that you can refuse to pay this fee, and if the landlord insists on it, refer the tenancy agreement to the Unfair Contract Terms section of the Office of Fair Trading.
Or your local trading standards office which will also deal with this.
Of course by doing this you risk the landlord serving a section 21 notice and requiring you to vacate after the end of the fixed term …