Rip off Britain Letting agents deposit release fee

Pugnaciousk

I recently moved out of a rental and was quite chuffed that the checkout inspection revealed that the property was left in good condition throughout. I was then sent an email by the letting agent who manages the property for the LL that they proposed an admin fee and checkout fees of £120 including VAT. This is to be deducted from my deposit of £825. I refused to agree with this and they referred me to the clause in my Tenancy agreement which says I MAY BE liable for the above fees. I have argued that the phrasing of the agreement is ambiguous and asked what conditions I MAY NOT be liable for paying this fee. I have let them know of my intent to dispute this and on the recommendation of my/deposits.co.uk was asked to formally write to the landlord to return my deposit before proceeding with a dispute. Unfortunately my only means of contacting the LL is via the lettings agency who have responded by saying they would not consider writing off these fees nor transferring them to the LL. I do not think they have sent this email/letter on to the LL. I think a fee of £120 to return my deposit to me and cover so called check out fees is unfair. I had already paid £100 credit check fees .What course of action can I take as I am not convinced that opening a dispute with the deposit company would go in my favour as they may point out That I have signed an agreement that I may be charged these fees. I may be better off trying to take this to court. Has anyone had a similar experience with such an ambiguously worded document ? Can I be legally held to this? Many thanks for your advice.

Guest101

No you cannot, simple as.

Further explanation:

1
The terms are unfair

2
Your contract is with the landlord, just ignore these parasites

Now find your tenancy agreement, find the landlords address. Write him a letter requesting the return of the full deposit. He is liable for thus, not the parasites he's employed.

And don't worry about arbitration, they will agree with this.

Just a quick edit: a check out fee can be charged but this is a set fee clearly stated as such, the words 'may be' make this a conditional term and since the conditions are not explained, it cannot be enforced

Pugnaciousk

Thanks very much for your response. I have my tenancy agreement but the LL address is given as the letting agents office address. I am beginning to suspect that the Letting agent is in fact the property owner/landlord and posing as a go between to drum up fees. Can the letting agent withold the LL address from me?

Guest101

All you need is a uk address for the landlord. I presume the landlord is named as a person, not a business entity. Eg mr joe blogs, not bloggs rentals ltd?

Anyway you send to written letters, from two different post offices, and ask for proof if postage. Notice is served 2 days after posting, legally. Send it to whatever address is on the tenancy.

This is just to cover your back legally.

Where did you serve your notice to leave? And your deposit is definitely protected, you've seen your details on the screen?

Pugnaciousk

I did it all via email with the lettings agent and have all the email threads. I also have a copy of my deposit lodged with my/deposits.co.uk when I started my rental and it is protected..just checked. Many thanks for your advice. I hope others will add on their experiences and outcomes.

Guest101

Pugnaciousk wrote: »

I did it all via email with the lettings agent and have all the email threads. I also have a copy of my deposit lodged with my/deposits.co.uk when I started my rental and it is protected..just checked. Many thanks for your advice. I hope others will add on their experiences and outcomes.

Unless the email is presented as a means of serving notice, in the future always write, even as a follow up to confirm what's been said. Legally email is as conclusive as smoke signals and carrier pigeons

chanz4

£4 search on land registry will tell you.

Guest101

chanz4 wrote: »

£4 search on land registry will tell you.

Very true, however not relevant to the case per se. The op has the address, the only one, where he can legally serve paperwork.

chanz4

Not 100% true, you can serve the notice on the legal owner also

moromir

Pugnaciousk wrote:

Thanks very much for your response. I have my tenancy agreement but the LL address is given as the letting agents office address. I am beginning to suspect that the Letting agent is in fact the property owner/landlord and posing as a go between to drum up fees. Can the letting agent withold the LL address from me?

I think you've made an unjustified leap there.

It is very common for the address for the serving of notices to be c/o an agent and perfectly legal to do so, with the landlord having no connection whatsoever with the agent other than being a client.

Guest101

chanz4 wrote: »

Not 100% true, you can serve the notice on the legal owner also

Legal owner not necessarily the landlord. It is best to serve on the address on the tenancy