Letting agent charging checkout fee!

vapd

My tenancy is due soon. I've recently received a letter from my letting agent saying that if I want to move out (which I do) I have to pay a checkout fee of £150 inc vat.

I find this quite outrageous! But are they allowed to do this? I'm looking through the T&C and can't find anything that specifically says they can do this.

Fire_Fox

What do you mean your tenancy is due soon, you have served notice to quit? What terms and conditions, your tenancy agreement? What do you mean by nothing specific, is there anything non specific that might apply? If there is nothing about this charge no they cannot levy it.

vapd

Hi, sorry I mean my tenancy is due for renewal or termination soon (07/01/12).

I intend to leave by then. I received the letter mentioning the check out fee a couple of weeks ago.

I emailed the letting agent this morning, asking what part of the agreement allowed them to charge this fee and just got a response: It is this part of the T&C:

7.7 To pay the cost of a “check in” or “check out” of the Inventory and Schedule of Condition listing the condition of
the Premises and the Fixtures and Fittings in the Premises at the end or earlier termination of the Tenancy
together with any additional costs incurred due to breaches under clause 12.16.

N79

If that term is part of your tenancy agreement then you have agreed to pay the cost of the check out. If you believe that the Agent is "marking up" the cost in order to make money (rather than simply passing on the costs of an inventory clerk) then request the agent provides you with some evidence that the amount is correct.

As and aside GBP150 is about the price I would expect to pay for an "independent" inventory company to conduct a check out.

vapd

Oh really? Seems a lot to me. I've always rented privately before I rented this place (and had my own home for 5 years until a relationship failure). The amount of money I've been charged by the agent over the 18 monts is quite staggering to me.

But thank you very much for your information. I will just pay it and get on with it!

Fire_Fox

vapd wrote: »

Hi, sorry I mean my tenancy is due for renewal or termination soon (07/01/12).

I intend to leave by then. I received the letter mentioning the check out fee a couple of weeks ago.

I emailed the letting agent this morning, asking what part of the agreement allowed them to charge this fee and just got a response: It is this part of the T&C:

7.7 To pay the cost of a “check in” or “check out” of the Inventory and Schedule of Condition listing the condition of
the Premises and the Fixtures and Fittings in the Premises at the end or earlier termination of the Tenancy
together with any additional costs incurred due to breaches under clause 12.16.

You don't have to renew or terminate, you can just remain on the same contract and it will become a statutory periodic tenancy at no extra charge. Only the fixed term expires not the entire tenancy.

Again what terms and conditions, do you mean the clauses in your tenancy agreement? If yes, then you have agreed to pay this by signing the AST, however it only says A check out inventory, doesn't name a specific company nor that the landlord or agent gets a say in who is used nor that you have to pay the agency rather than paying directly.

vapd

Oh thats interesting? Should I point all that out to the letting agent then? What do you think?

G_M

If the fixed term ends on 7/1/12 you can leave on/before that date. No notice is needed (by you), though it is wise to give somenotice. See also:
Ending/Renewing an AST (what happens when the Fixed Term ends?)(What is a Periodic Tenancy?)(How can a LL remove a tenant?)(How can a tenant end a tenancy?)


If the fee is in the tenancy agreement you signed, then you have agreed to pay it.

£150 is on the high side. Here are some guides to prices:

http://www.ourproperty.co.uk/guides/inventory_clerk-p1.html

http://www.inventoryclerkhendon.co.uk/samples.php

http://www.inventoryclerk.org.uk/flat-inventories-oxford.html

vapd

Thanks, I think what Fire Fox was suggesting was that the cost of the checkout fee was not specified and nor was the company to be used.

Fire_Fox

vapd wrote: »

Oh thats interesting? Should I point all that out to the letting agent then? What do you think?

The first part? They are probably well aware of the law, but statutory periodic tenancies don't make them any money in admin fees. :rotfl: Letting agents don't mind misleading tenants into thinking they have to leave, then they can charge the landlord a finders fee and the new tenant for credit checking and referencing.

vapd

yeah but is there any point in my trying to get the cost of the checkout fee down? I don't mind putting in a bit of effort even if its only worth a few quid. I really detest the agency and will happily try and give them a bit of a headache if I can.