Deposit Protection Scheme and disputes

bouicca21

By what authority did the letting agent send the new agreement? If not authorised to do so, why should their fee be paid by either landlord or tenant?

armour

The tenancy agreement saga worked like this:
Original 6 mth tenancy signed almost a year ago. After more than 6 months tenant called LL and asked if tenancy can remain periodic as a £90 agent's fee is payable - landlord agrees.
A leak from upstairs then caused tile damage in bathroom, as the bathroom needed a total refurb, the landlord decided to wait until the tenant went on Hols or change of tenancy to fix the damage. A temporary rent reduction of £25/ month was agreed between LL & T as compensation. The agent was informed.

The agent then sent a £90 6-month agreement for the T to sign.

The T ignored this and 2 more requests for return of signed
agreement (& £90).

Now T has moved out and agent has told LL that T is happy to pay their fees out of the deposit. He has phoned me ( I did some maintenance jobs during the tenancy & consequently he has my number) and told me that he is not happy with this.
I've made the LL aware of this so I was wondering if the agent will be able to add their (unwarranted) fees onto LL deposit claim?

G_M

Oh dear - this is the trouble with hijacking threads - two lots of replies to two seperate queries!

Armour - the fee should not be due since no renewal took place. If the agent is controlling the deposit on behalf of the LL, and makes a deduction for their claimed 'fee', raise a dispute. You should win

If the LL controls the deposit, speak to him and ensure he is not 'persuaded' by his agent to make this deduction. But if he does, the advice above still applies.