Adviced needed with unreasonable letting agent fees

Simont122

This is the story... Sorry for the long post.

15 December 2014. My landlord terminated her contract with my letting agent, as the letting agent had not forwarded any of my rent onto her since July 2014. (6 months of Rent) and as far as I am aware, still have not done so.

My landlord agreed to keep all rent and terms the same between us, just dealing with her instead. She requested the letting agent to refund me the full deposit and I was then to pay it onto her to set up in a TDS.

This request was made via email on January 15th from landlord to letting agent. I am still yet to receive the deposit back, after phone call after phone call every week since (every call has been logged) Today, I did visit them in person today, and have received a copy of the credit note. And have been advised that it was paid via BACS on Friday 6th of Feb, and should be with me within 3 working days.

From the deposit, £1028.55, the credit note states I have been deducted £155.77 plus £31.15 v.a.t as a 'checking out/admin fee'. I think this is ridiculous.

When the tenacy was agreed, I did sign to agree the £155.77 checking out fee. This was to cover the time taken to conduct the inventory, and 'check me out' of the property. None of this they have done, as I am still living here, and nothing for me has changed.all they have had to do, is refund me the deposit. I don't believe that this fee is justified?

Also, nowhere in this agreement does there mention that VAT will be charged on top of this figure.

Can anyone give me any advice on this matter, or point me in the direction of where to dispute it. Thanks in advance.

jjlandlord

If the fee agreed does not mentioned "+VAT" or similar then it was agreed as inclusive of all tax and they must refund you the £31.15.

As for the fee itself, I'd say it depends on the date it is payable as per agreement.

pyueck

This is the landlords problem and not yours. Where the landlord keeps the deposit, or whether they decide to let the agency keep it in their account is their problem. The landlords relationship with the agency is nothing really to do with you.

The landlord is totally responsible for returning your deposit, it is not the agencies you would chase but the landlord.

Sounds a bad situation for the landlord, but it's not your issue. Tell the landlord that it is their problem to chase the deposit from the agency, but in any case at the end of the tenancy you will be asking for your deposit back from the landlord.

You should refuse to pay any costs for this, it's part of the risk of being a landlord, especially one that waits 6 months before doing something about an agency that doesn't pass on rent!

jjlandlord

pyueck wrote: »

You should refuse to pay any costs for this, it's part of the risk of being a landlord, especially one that waits 6 months before doing something about an agency that doesn't pass on rent!

The fee mentioned was agreed between the landlord and OP, as I understand it.

Simont122

The fee was agreed between me and the Letting agent on me checking out the property. As far as I am aware the fee was to cover the taking of inventory, and property inspection on when I left. None of which the letting agent has done, due to me continuing to reside in the property, yet they have still charged for it.

jjlandlord

You would need to check the wording, but arguable this was agreed between you and the agent acting on behalf of the landlord, so between you and the landlord.

In any case, the ex-agent is not entitled to anything and your landlord is probably not entitled to it at this moment.

I would ignore the ex-agent and start by advising your landlord that she still owes you £186.92 since you haven't received it in full.

pyueck

jjlandlord wrote: »

The fee mentioned was agreed between the landlord and OP, as I understand it.

Yes if they agreed a check out fee fine (I have separate issues with this but anyway) however the tenant has not checked out. From the tenants perspective nothing has changed, they are still renting the property from the same landlord, on the same agreement with the same deposit.

What agency the landlord uses to take rent and hold tenants deposit is the landlord's issue. It should be sorted by the landlord and any costs should not pass on to the tenant.

SeduLOUs

The obvious answer is to send on the money and correspondence you do have to the LL, explaining that you expect LL to secure entire deposit that was originally paid. If she wishes to attempt to reclaim the remainder from the agent, that is entirely up to her.

Alternatively, LL could secure deposit value 'as is' and give you something in writing to confirm that there will be no checkout fee when you do finally leave the property? Still up to LL whether to pursue agent for the fee, but certainly not your problem.

Simont122

Thanks for all the advice. Pyueck has it spot on, it's a 'check out' fee. To cover their costs to conduct the inventory of the apartment, and inspection. They have done none of this, and I haven't checked out. I find it completely unjustified to pay £186 for them to return my deposit.

Anyway, an update. I have spoken to my landlord, explained I would like the full amount returned to me as others I have no reason to pay this fee. She was completely unaware of these charges, which doesn't surprise me with this letting agent. She will contact them tomorrow to see what she can find out.

She also confirmed she is still awaiting the July - December rent payments from last year.

pyueck

Simont. These are all the landlord's problems. You should not even get involved. You have paid your deposit and at the end of the tenancy the landlord is responsible for returning it. You have paid your rent as per your agreement.

If your rent and your deposit have gone up in smoke with a dodgy agency then it's the landlord's loss.

You should tell the landlord to stop involving you in their problems and remind them that at the end of the tenancy you will be coming to them for the deposit, irrespective of what the landlord gets from the agency.