Letting agents and "opt out" charges

[cashmax]

Just noticed my letting agent has started charging for a "rent warranty" - insurance that provides cover if the rent isn't paid.

At no time did I sign anything, searching my email, they sent a standard email talking about the new renters rights bill and at the very bottom, stated they will start charging for this insurance and if I didn't want it, I could email them to opt out.

They provided no details about the level/limits of cover in the email.

I know I can opt out, but my question is really to ask, is it even legal for them to do this?

[LordLoveLength]

The consumer rights act 2015 attempts to stop this sort of practice.
Small print that is not transparent or legible can be considered an unfair contract term.
Question is, would a court consider it clear and easily visible? Not the sort of thing they should be putting at the end of an email, but not a black / white situation either.

[blindspot]

Bet you a pint and a bag of crisps that they've done it that way to prod clients into responding with a specific yes or no, and to ensure that they have a clear trail in the event that a landlord doesn't take it, falls afoul of RRB and then complains to the agent that they weren't warned or given the opportunity to take out a policy.

As best I can tell, an opt-out is a bit iffy, but I would assume that the agent will immediately cancel/return any premiums if a client actually had a problem with it. Chances are that in the agency agreement you have given them authority to act for you, probably including spending some of your loot.

[OutInTheShed]

LordLoveLength said:

The consumer rights act 2015 attempts to stop this sort of practice. .....

Are buy to let owners 'consumers'?

I thought landlords were supposed to be thrusting entrepreneurs in the business sphere?

[LordLoveLength]

OutInTheShed said:

LordLoveLength said:

The consumer rights act 2015 attempts to stop this sort of practice. .....

Are buy to let owners 'consumers'?

I thought landlords were supposed to be thrusting entrepreneurs in the business sphere?

I think if they were the thrusting entrepreneurs they image themselves to be, they would manage their huge portfolio themselves rather than engage an agent.