Belfast Telegraph

Councillor in bid to block ‘unlawful’ fees for tenants

- By Andrew Madden

BELFAST City Council is to debate a motion that could lead to estate agents being fined for charging tenants “unlawful” letting fees.

Green Party councillor Anthony Flynn’s proposal is aimed at clamping down on the practice of letting agents adding charges which are often said to cover holding deposits, referencin­g checks and other work.

The motion quotes the landmark 2018 legal case of Loughran v Piney Rentals Limited and F5 Property Limited, which ruled that a fee levied by the letting agent to a tenant was actually a contributi­on towards the cost of services that agents had commission­ed the landlord to carry out.

In effect, this means the tenant was paying fees to the agent for work the landlord had already paid for. The court found the fees charged to the renter were void under The Commission on Disposals of Land Order 1986, and the tenant is entitled to have the money refunded.

Back in March last year Finance

Minister Conor Murphy and Communitie­s Minister Deirdre Hargey issued a joint communique stating that “such a practice is inequitabl­e, unlawful and inconsiste­nt with the normal business principle that he who engages an agent should pay for that agent’s services”.

“We had hoped that the court judgment would have made clear the lines of responsibi­lity but unfortunat­ely some recent practice show that some agents are not complying with the law.”

The Loughran ruling allows renters to challenge such fees in the courts within six years. However, there is no enforcemen­t over the issue.

Mr Flynn’s motion, which is seconded by PUP councillor Dr John Kyle, states that the council believes the charging of these fees restricts access to the private rented sector and places a heavy financial burden on low income households.

“There is a need to strengthen regulation of the private rented sector, including legislatio­n regarding the charging of (unlawful) applicatio­n fees where adequate penalties and enforcemen­t arrangemen­ts are put in place to deter those who seek to continue to charge these fees,” they added.

“Enforcemen­t of any new legislatio­n regarding the charging of (unlawful) applicatio­n fees should be carried out by local councils across Northern Ireland with adequate resources provided for by government.”

The motion asks the council to agree to write to the Finance Minister and Communitie­s Minister outlining concerns and to pledge its support for the regulation of the private rented sector.

Mr Flynn said: “There is a fear for private renters that if you say no to an agent over these fees, then they’ll just say you can’t have the house and there’s nothing you can do about it.

“The only recourse is to go through the small claims court — that is wrong.

“It shouldn’t be on the onus of the applicant to bring their case to court to get their money back. They should be able to go to their local council or councillor and explain their situation and we can sort it out for them.”

THE Duke of Sussex has said the “toxic” atmosphere created by the British press forced him and his family to leave the UK.

Harry said his mental health was being destroyed by the coverage, in an interview with James Corden.

The duke also addressed the controvers­y over The Crown’s portrayal of his family’s history and defended the regal drama, saying it does not “pretend to be news”. He added he was “way more comfortabl­e” with the popular Netflix series’ depiction of the monarchy than with articles written about the Sussexes.

The Queen’s grandson spoke candidly about family life, revealing son Archie’s first word was “crocodile”, how the Queen gave the 21-month-old a waffle maker for Christmas and that Meghan calls him “Haz”.

He also revealed the Queen and Duke of Edinburgh can use Zoom and have seen Archie “running around” in California.

Harry stressed his decision to move to America was “never walking away” but was about “stepping back rather than stepping down”, and insisted: “I will always be contributi­ng. My life is public service.”

His comments were made before it was announced Harry and Meghan would be interviewe­d by Oprah Winfrey.

 ??  ?? Councillor Anthony Flynn
Councillor Anthony Flynn
 ??  ?? Revelation­s:
James Corden talks to Meghan on the phone as Harry looks on during the interview
Revelation­s: James Corden talks to Meghan on the phone as Harry looks on during the interview

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