When I moved into a new flat in July 2010, I was charged a £65 “referencing fee” by Albany Lettings. However, I then found out through EPTAG that these tenancy fees are illegal, and so I started my quest to get the money back.

Conveniently EPTAG provide a handy guide on how to claim tenancy fees back. First step, ask nicely. I sent a letter to Albany Lettings by recorded delivery, explaining the legal situation, asking for a refund of the tenancy fee and informing them I would take the matter to small claims court if they did not refund the fee. I also provided them with a copy of the property application agreement. After sending the letter, I called them up but was told the manager was not in and they would call me back later, which they never did. Six weeks later there was still no reply – time to raise a small claims action.

So I lodged a small claims summons and shortly after the summons was served to Albany Lettings, I received a letter from them. I opened the letter, expecting a cheque – but it was a letter demanding proof that I had paid “an illegal premium”. This letter was the first and only response I got from , it came a whole two months after I initially contacted them and they were asking for documents I had already sent them in my first letter. It definitely gave me the impression that they were not taking me seriously.

When a small claims summons is lodged, a return date is set as well as a preliminary hearing date. If the defenders (in this case Albany Lettings) want to dispute the claim, they have to respond by the return date, then the case will call and both parties have to appear in court. If however the defenders do not respond, then the pursuer (in this case me) can minute for decree and there will be no hearing. Albany Lettings did not respond to the summons, so I could minute for decree and did not have to attend a hearing. I received the decree mid February.

Armed with the decree and supported by more than 20 other EPTAG members, I then paid a visit to Albany Letting’s office to convince them to pay what they owed – but they had shut “for lunch and training”. Obviously Albany Lettings knew that we were coming and rather than talk to us, they chose to hide.

We spent about an hour outside the office, handing out flyers and talking to passers-by, many of whom were very supportive. We also got great coverage in the Edinburgh Evening News. Our actions had obviously had an effect, because when I phoned them up they told me they would pay what they owe. A couple of days later I received the payment, five months after I first contacted Albany Lettings. Success at last!

At the moment security of tenure in the private rented sector is very poor, and many tenants don’t feel secure enough to even complain about repairs. The root of many problems for private tenants is in the lack of security, and that is why it is essential to get this changed.

With your support we we will be able to begin planning a vibrant and action focused campaign to get private tenants more security in their homes.

We will have Murdo Mathison from Shelter Scotland speaking at this meeting, telling us about the important work they have been doing on this issue already.

The meeting will be 7pm, on Monday 25th March, in the Arts Complex on London Road. Location, directions and bus routes here

Kerstin recently obtained a decree from the court against Albany Lettings saying they have to pay back illegally charged fees, but they are refusing to pay up, so we are organising a protest at their office to help Kerstin get the money she is owed!

Help us fight for tenants rights, and show how organised tenants can bring rogue letting agencies and landlords into line. All welcome!

The protest will be on Thursday, March 7th, 12.30pm,  at the Albany Lettings office, 168 Bruntsfield Place

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EPTAG secretary Jon Black describes the background work that helped achieve this important result: “Thinking back, we did a lot of work,” he says.  “Just over a year ago, we held our first public meeting.  We came together to ‘Ban criminal landlords’ and the campaign quickly took off.  We door knocked and talked to tenants, encouraging them to complain if they were being badly treated.  We lobbied councillors, council officials and local community councils.  We got court support for one tenant who had a particularly bad experience.  A lot of people have put in a lot of time and effort to win this result that had to come.”

EPTAG is winning wide recognition and respect for their work.  You can one such report here: http://www.nationalnetworkcc.com/2013/01/robin-hoods-men-landlords-and-letting_7149.html

We have enjoyed other successes as well.  In November the Scottish Government announced a tightening up of laws forbidding extra charges imposed on private tenants by letting agencies and landlords.  This reiterated the ban on all other charges apart from legitimate deposits and rents.  Again the success came after public EPTAG demonstrations outside offending agents’ offices, collecting hundreds of signatures, petitioning and a consistent publicity campaign.

Latest cause for celebration is the Fuel Poverty Campaign in which EPTAG has been part the pressure on Edinburgh City Council to create an Energy Co-operative that will bring down fuel prices.  A commitment has been won for this.  Once again EPTAG has played an active role.  A recent demonstration outside a Scottish Gas premises in North Edinburgh attracted more than 50 people.

2000 Scots die every year from fuel poverty, largely older people and low income people. Private tenants are the most likely to be in ‘extreme fuel poverty’, spending more than 20% of their income on electricity and gas.  So it is important to raise awareness of this important issue.

There’s no doubt that we live in difficult economic times, with food and fuel costs skyrocketing, basic human needs are becoming difficult to meet. This is particularly the case for those of us who rent privately, who tend to be on lower incomes.  Affordable stable housing is vital, and consistent rent is a big part of that.  Renting in Edinburgh aint cheap  – it’s one of the most expensive places to live in Scotland – though still cheaper than Aberdeen, London and the South of England.

But is it increasing? And if so, why? The article in the Evening News claimed that rents were increasing because tenants were no longer able to be charged tenancy fees.

The increase they claim is 5% in the last quarter. The letting agents and their partners have only 3 months of data to make this claim. I would argue it is impossible to see a pattern over such a limited time period – and that this is a disingenuous use of data.

The article also fails to take into account the fact that rents actually decreased dramatically in 2012.  An earlier BBC report shows that ‘rents tumbled’ in Spring 2012. In that report the average rent fell from £813 in late 2011 to £796 in April 2012.

The rise we have experienced in the last quarter brings average monthly rent up to £819 – barely more than average rents in late 2011.  Analysing data from the same time period shows very little change, so it seems that other explanations for the current increases are likely.

I would question whether looking at an average rent is the most accurate method of comparison. I am no statistician, but from what I remember about mean, median and mode – if you take an average rent, very high rents will drive up the average, even if they are atypical. Edinburgh has some fabulous and expensive properties, and a fair few wealthy students and young proffesionals. What they pay for their New Town pads will drive up ‘average’ rents.  Certainly £819 per month for a 2 bedroom property sounds like a lot to me, most people I know pay much less.

It would thus make more sense to look at median (middle) and mode (most common) rents, to get a real picture of what is going on in the private tenancy market for the majority of people, in particular the ones without a spare £100 to throw at a letting agency at the start of a tenancy.

So rents may, or may not be increasing. My personal experience is that my rent now is similar to what I would have expected to pay 5 years ago but hey – that’s just me.  If they are increasing, is it because letting agents are unable to charge fees? There seems to be little proof for this; certainly, there is no proof offered by this article. Of course, at EPTAG we want to fight for affordable safe housing; whether that means fair rent or not being ripped off by letting agents, but it is important to look at what is actually happening and what the real issues are for tenants.

For many households incomes are falling or are staying the same but astronomical rises in food and other essentials are forcing many into fuel poverty and/or states of malnutrition. The rise in basic produce costs are obvious and it is likely to have a significant impact on how many people can afford to heat their homes and eat – not to mention eating a nutritious and balanced diet which many can simply no longer afford.

The price of energy is a big part of the debate around fuel poverty. The news has been full of examples of the major energy companies dramatically raising their prices whilst making record profits. The increase in fuel prices since 2001 has led to a dramatic rise in the number of households experiencing fuel poverty in the last 10 years.

Despite David Cameron’s simplistic solution of “shopping around for the best deal”, households are now half as likely as in 2008, to try and switch energy providers. The fact that all of major energy companies provide equally extortionate rates for their customers seems to have passed Mr Cameron’s notice. And along with recent stories about wholesale gas price fixing by the big 6 energy companies, where are consumers to turn for a “fair deal”?

Some people need higher temperatures in their homes to be healthy. Young families, the elderly and housebound are the most likely to need more warmth throughout the year and are often the least likely to be in a position to afford it.

Better standards for new build houses, retrofitted insulation and measures to reduced energy wastage can be useful to help people cope with the cold winter but are unlikely to have any significant impact on the numbers of people experiencing fuel poverty when incomes are low and fuel prices so high. We at EPTAG believe there needs to be a radical change in how we view issues like fuel poverty.

At a minimum 2000 people will needlessly loose their lives because we have not done more to protect them. So what can be done about any of the above? Where should we focus our efforts at preventing the tragic “excess” deaths caused by the cold winters? Today, we can start by saying that we will not allow this to continue! Fuel poverty is a massive problem facing many of us and we must make it stop. Energy companies are literally making billions off all of us whilst many people choose between “heating and eating”. If you have to make these choices, then either way you loose. At the moment whatever the energy companies do they always win. Collective action is needed now and EPTAG will be campaigning around these issues soon. Come along as see how you can get involved and get active.

Further reading:

Scottish Focus

More Scots in Fuel Poverty than in any other UK region – The Herald Scotland 06.08.12

Excess Winter Deaths Scotland – poverty.org (accessed 19.11.12)

Scottish fuel poverty increases – edinburghcoalitionagainstpoverty.org.uk/ 15.07.11

Scottish Governments House Condition Survey – SG website (accessed 26.11.12)

Rising Food Costs – Breadline Britain

‘Needs must’: family squeezed by coalition cuts and rising food bills – The Guardian 18.11.12

Britain in nutrition recession as food prices rise and incomes shrink – The Guardian 18.11.12

`Gas market price fixing`

‘The Gas Game’ - Big Guardian feature with several articles, 12,11,12

Big Six

Extortionate E.ON: Energy giant plans £130 rise in gas and electric bills - The Sun, 15.11.12

SSE profits: reaction from campaigners - The Telegraph, 14.11.12

British Gas hikes prices as Centrica profit soars - The Independent, 16.11.12

Affects of fuel poverty

Pensioners facing a winter of misery. ITV, 15.11.12

A dozen EPTAG ‘sheriffs’ arrived at the offices of the Edinburgh Spaces letting agency to investigate reports of a crime: Edinburgh Spaces have been forcing tenants to pay a £500 “check-out fee”, and between £60 and £120 of illegal fees per tenant upon starting a tenancy.

EPTAG spokesperson Jon Black said: “Rip-off letting agents like Edinburgh Spaces have been getting away with breaking the law for too long. Tenancy fees have been illegal for decades and yet tenants are still being forced to pay. We are pleased that our protest has disrupted this company’s illegal practices by forcing them to close for the day”.

Under Rents (Scotland) Act 1984, it is an offence for a landlord or letting agent to charge tenants any fees in addition to their rent and deposit. Agents have often flouted the law, claiming that it does not apply to the specific types of fees they charge.

The Scottish Government has recently confirmed that all fees charged to tenants are illegal, but in a recent survey carried out by EPTAG, only 21% of letting agents reported that they have stopped charging fees. Some tenants are still being forced to pay over £100 per person in to obtain a lease for a property.

Edinburgh Central MSP Marco Biagi said: “EPTAG are rightly bringing to attention those letting agents who continue to charge the fees that they and Shelter have campaigned against, and which the Scottish Government has clearly stated are unlawful. There is no ambiguity – charging anything other than rent and a deposit for a tenancy is illegal, and has been since 1984. Anyone charging such premiums could potentially even face prosecution. With 45% of my constituents living in private rented housing this issue is a real priority for central Edinburgh. Tenants must be able to expect letting agents and landlords to play by the rules.”

Edinburgh Private Tenants Action Group will have its first Annual General Meeting on Saturday the 13th of October, in the McDonald Road Library, from 2pm until 4pm.

It has been an exciting year, with EPTAG having had a great deal of success in supporting tenants and fighting against the injustices present in the private rented sector. A criminal landlord has been banned for the first time in Edinburgh, following our criminal landlords campaign. We have also had many victories against illegal letting agency fees, with the law being clarified to the position we campaigned for: to keep them all illegal.

Any private tenant in Edinburgh is entitled to vote, and to have their say. If you have any motions or constitutional amendments, please send these to the Secretary a week before the AGM, on or before Saturday 6th of October.

At the AGM there will be reports from our current office bearers, and a new committee will be elected. There will also be time for discussion and reflection. The business section of the AGM will be short, and will be followed by refreshments and a social.

We will be setting up a ‘crime scene’ outside the letting agency Edinburgh Spaces on Tuesday 2nd October, at 12pm, as a protest against their illegal fees and charges, which includes £60 of illegal admin fees per tenant, and a £500 ‘checkout charge’, as reported in the Evening News.

Tenants will be dressing up as sheriffs and detectives, as we did at our successful DJ Alexander protest, to draw attention to the fact that the vast majority of letting agencies are still breaking the law.  Please come in costume and in character as well, if you are up for that!

We will be publicising the fact that hundreds of people have been successfully claiming this money back, by threatening small claims actions, and we are urging more tenants to do the same.

These fees have been illegal for nearly thirty years, under the Rents (Scotland) Act 1984, and recently the Scottish Government has confirmed that they are illegal, and is clarifying the law in November. However, letting agencies are continuing to charge tenants for things like ‘administration’, inventories, and credit or referencing checks. There is no excuse for this illegal behaviour, and we are campaigning to stamp this practice out.

The action will take place outside the Edinburgh Spaces offices, at 6 Waterloo Place, on Tuesday 2nd of October, at 12pm.  You can also join the event on facebook.