Before I vote, what do you get in return for your membership fee of £100? Do you get benefits throughout your membership? Is there an annual membership renewal?
This looks like a loophole stab, but I don’t have enough solid evidence from your post to think/prove otherwise.
Part one of the deposit is the £315 (rest to be paid on key collection) and then full rent payments follow. It is neither so I presume a violation of the tenancy fee ban?
Without going into the details of the T’s & C’s (and the legal requirements) this smells a bit fishy.
A membership is something you pay to become part of an ongoing entity. It usually has benefits (but maybe not - you’ll be informed at sign-up of course) but you have the right to call yourself a paid-up member of the [insert club-name here] when you ‘join’
This doesn’t seem to follow those basic definitions.
If you’re keen on the place, probably wait till you’re in.
Then you could also send a demand for repayment with your reasons, then file a small money claim online. They will almost certainly pay up to avoid a county court judgement
So ‘Landlord X’ will include the basic utilities and Council Tax in the monthly rental? Are you 100% sure of this? If this is in the agreement, you have one amazing deal.
As long as all that’s definitely in the agreement and not somehow linked to the “membership” fee, then it’s of no relevance to whether the fee is legal.
Sounds like they’re trying to see what they can get away with, but the below is clear on the payments you can make.
The only payments in connection with a tenancy that you can be asked to
make are:
• the rent
• a refundable tenancy deposit capped at no more than five weeks’ rent where
your total annual rent is less than £50,000, or six weeks’ rent where your total
annual rent is £50,000 or above
• a refundable holding deposit (to reserve a property) capped at no more than
one week’s rent
• payments to change the tenancy when requested by the tenant, capped at
£50, or reasonable costs incurred if higher
• payments associated with early termination of the tenancy, when requested
by the tenant
• payments in respect of utilities, communication services, TV licence and
council tax; and
• A default fee for late payment of rent and replacement of a lost key/security
device giving access to the housing, where required under a tenancy
agreement.
edit: I suppose they could say that this has nothing to do with the tenancy and is a fee they want to charge you to do business with the letting agent in general? If so, that still sounds pretty shady, but it could be a work around. In my opinion, it’s still technically in connection with a tenancy.