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Checking out fee for tennant

Hi

I have just left a rented property after buying a place for the first time. The short hold tenancy agreement states the following (amongst other things):

'A Check out fee of £80 inc VAT will be charged to the tenant after vacation to cover the inventory.'

I have received by deposit back, less £160. The reason given by the letting agent is that the £80 check out fee is for each person named on the tenancy. Me and my partner are named on the tenancy.

Is this fair? the agreement does not state £80 per person / tenant.

The agreement was from 12 years ago (yes I have been renting for that long).

I would appreciate your views.

Thanks
«13

Comments

  • Annie1960
    Annie1960 Posts: 3,009 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper Combo Breaker
    There is no 's' on tenant the way you have quoted it, so I read that as meaning it should just be one £80 fee.

    In your position I would challenge it.

    If you are unsure, then you may wish to ring Shelter to discuss it, as LA fees are a hot issue at present.

    http://england.shelter.org.uk/news/march_2013/new_ruling_on_letting_agents_fees
  • jjlandlord
    jjlandlord Posts: 5,099 Forumite
    The tenant is you and your wife together.

    The agent is trying it on.
  • DaftyDuck
    DaftyDuck Posts: 4,609 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I'd demand it back, fast, with menaces.
  • Starside
    Starside Posts: 43 Forumite
    Thanks, I have sent a polite e-mail to the agent request £80 back, and that I disagree with them taking £80 per person.

    My quote in the earlier post is accurate, so I am hoping I will get a response in my favour.

    If not I will go to the CAB and see what they say.
  • jjlandlord
    jjlandlord Posts: 5,099 Forumite
    You don't need to go to CAB.

    If they don't refund the extra £80:
    If you can, use the deposit protection scheme and lodge a dispute. Otherwise send them a letter before action then sue for the money. They have no leg to stand on, so they'd be stupid to let the issue go to court.
  • Annie1960
    Annie1960 Posts: 3,009 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper Combo Breaker
    Starside wrote: »
    Thanks, I have sent a polite e-mail to the agent request £80 back, and that I disagree with them taking £80 per person.

    My quote in the earlier post is accurate, so I am hoping I will get a response in my favour.

    If not I will go to the CAB and see what they say.

    If CAB can't help, what about giving Shelter a ring?

    http://england.shelter.org.uk
  • Starside
    Starside Posts: 43 Forumite
    Thanks, as the tenancy is dated 2002, I don't think that the deposit was in a deposit protection scheme. If it WAS transferred to the protection scheme, I was never notified.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Starside wrote: »
    Thanks, as the tenancy is dated 2002, I don't think that the deposit was in a deposit protection scheme. If it WAS transferred to the protection scheme, I was never notified.
    The deposit needed to be reistered in a scheme if

    * after April 2007 you signed a new fixed term tenancy agreement or
    * after April 2007 your fixed term expired and the tenancy became perioi (rolling, or monthly).
  • Starside
    Starside Posts: 43 Forumite
    the tenancy became rolling on a monthly basis from mid 2003, and was until mid 2014.
  • Starside
    Starside Posts: 43 Forumite
    edited 20 June 2014 at 1:29PM
    I got a reply form the letting agent stating:

    'The deposit was £576.14 a check out fee of £80 plus VAT has been taken and £65 for a electrician bill to attend to the heating on 7/2/2007. This then leaves the £415.14. So there is only one checkout fee on the account.'

    Hmm I think the letting agent is playing a joke on me. Not only can they not do maths, but why should I pay an electricians bill from 7 years ago?

    I see this one coming quickly to a close in my favour.
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