Letting agents trying to add VAT to cleaning and checkput

malcolmffc

We've just heard back from the letting agents after our checkout report. They have added 20% VAT to the £280 cleaning and checkout fees. We agreed to pay these fees when we signed the tenancy but nowhere on the T&Cs we signed does it say the prices exclude VAT.

Am I right in thinking that legally, if a price is quoted without explicitly stating it excludes VAT, it must be assumed that VAT is included?

Fire_Fox

http://www.hmrc.gov.uk/vat/index.htm
http://forums.moneysavingexpert.com/forumdisplay.php?f=22

Hump

Are they VAT registered and do they have a legit VAT registration number?

see http://ec.europa.eu/taxation_customs/vies/

Anarchist

I thought as you did, sales to the Public have to include VAT in any quoted prices.

googler

VAT basics for consumers

http://www.hmrc.gov.uk/vat/sectors/consumers/basics.htm

malcolmffc

Thanks for all the links, but can anyone actually answer my question? I've looked at all the links posted but can't find a definitive answer

googler

malcolmffc wrote: »

Thanks for all the links, but can anyone actually answer my question? I've looked at all the links posted but can't find a definitive answer

Another link, suggesting that the agent is committing a criminal offence under Consumer Protection Act 1987 by charging a higher price at the point of sale than was previously advertised

http://www.bis.gov.uk/files/file8127.pdf

Introduction and Section 2...?

This page http://adlib.everysite.co.uk/adlib/defra/content.aspx?doc=18278&id=18280

Indicates it's part 3 of the act that deals with this situation





If the CPA 1987 does in fact confirm this (we'll leave you to look that one up) then it might be time to call the local Trading Standards Office.....

And, as said earlier, if they try to charge VAT on their invoice, that invoice should bear their VAT registration number....

G_M

malcolmffc wrote: »

We've just heard back from the letting agents after our checkout report. They have added 20% VAT to the £280 cleaning and checkout fees. We agreed to pay these fees when we signed the tenancy but nowhere on the T&Cs we signed does it say the prices exclude VAT.

Am I right in thinking that legally, if a price is quoted without explicitly stating it excludes VAT, it must be assumed that VAT is included?

I personally think you are asking the wrong question.

Why are you paying this cleaning charge at all? Did you not make any effort to clean the property before you left, so as to leave it how you found it?

Just because your tenancy agreement says you must pay for professional cleaning does not mean you have to. If there was a clause saying you have to put a new roof on at the end of your tenancy, would you do it? Landlords/agents can write what they want - but not all clauses are enforcible.

In legal terms, your responsibility is to leave the property how you found it. It is up to you how you acheive this: clean it yourself; ask you mum to help; pay your own cleaners; or ask the LL to employ a cleaner (and then pay the fee, whatever it is).

malcolmffc

It was professionally cleaned when we moved in.

G_M

malcolmffc wrote: »

It was professionally cleaned when we moved in.

So? ....

your responsibility is to leave the property how you found it. It is up to you
how you acheive this: clean it yourself; ask you mum to help; pay your own
cleaners; or ask the LL to employ a cleaner

Fire_Fox

malcolmffc wrote: »

Thanks for all the links, but can anyone actually answer my question? I've looked at all the links posted but can't find a definitive answer

The reason I am encouraging to do your own research is because the letting agents will rightly laugh at you if you go back saying "the completely unqualified people on MSE say ..." whereas if you go back quoting HMRC you should be taken seriously.

Our freeholders tried to add VAT to our ground rent, I researched then spoke to a very helpful chap at HMRC to clarify before writing to the freeholder .... end result the VAT was removed.

We are here to signpost or give opinion not definitive answers, especially not in taxation or legal matters. I don't mind admitting I get things wrong or my understanding is off regularly. Most of the regulars therefore link to respected external sites or refer to specific pieces of legislation.