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Cheeky landlord
kitrat
Posts: 352 Forumite
Just a couple of questions to check this is all legal, sadly I expect it is.
I'm ending my tenancy, I live in a house with a number of others, we all have separate contracts - we rent our rooms and use of the communal area.
My landlord is charging me a £30 administration fee for the return of my deposit. This is mentioned in my contract which I've signed, so I suppose this is allowed?
She's also charged me £20 from my deposit for a reference I asked for. I suppose this is acceptable too (they asked, I agreed to the deduction).
So I'm feeling a little sore I've already lost £50 from my deposit before I've even started
So the next bit is a bit more complicated. I am moving out just under three weeks before my tenancy ends (moving out by ~6th, last day of tenancy 25th). My house mate wishes to move from her room into mine when I leave (it's much bigger). In order to negotiate some money back on my rent the landlord and I agreed if they can find a tenant for my housemate's room before the end of my tenancy I can have some money back.
There's no luck finding a tenant yet, but I told my landlord "provisionally" I expect to leave by the 6th, to help her to advertise the rooms availability accurately. Now she's told my housemate that she needs to start paying rent for my room from the 7th when she wants her to move in (and is incidentally my house mates normal rent date). My room is charged at a higher rate then my housemate, and she has been asked to pay the higher rate.
Now my issue is my landlord is effectively renting out my room from the 7th when in fact I am renting it up until the 25th, that's when I'm paid up to. I wouldn't mind if she was charging my housemate her usual rate until the 25th, but now the price change makes it clear that in her mind she is renting my room out whilst I'm still in possession of it.
I have half a mind to ask if I can pay my housemate's rate for the rest of the month unless they find a new tenant, effectively a room swap. It's a petty amount of money but it's the principle, they've had no qualms about taking money from my deposit when they know I have no choice, and now this.
Either that or I won't hand the keys back until the 25th and then she'll be stuffed. Although I don't want to leave my housemate in a position where she's paying for a room she can't use.
Edit: one extra point to add is that I never said I would return the keys on the 6th, and we never discussed my housemate was going to move in straight away (although I don't mind in principle - it's just she'd charging her extra for it and effectively renting my room out twice). Also she's never discussed anything at all with my housemate, just told her she's to pay the new rate from the 7th.
I guess I know what I'm entitled to (I think) and this is more of a rant, but does anyone have any advice or thoughts?
I'm ending my tenancy, I live in a house with a number of others, we all have separate contracts - we rent our rooms and use of the communal area.
My landlord is charging me a £30 administration fee for the return of my deposit. This is mentioned in my contract which I've signed, so I suppose this is allowed?
She's also charged me £20 from my deposit for a reference I asked for. I suppose this is acceptable too (they asked, I agreed to the deduction).
So I'm feeling a little sore I've already lost £50 from my deposit before I've even started
So the next bit is a bit more complicated. I am moving out just under three weeks before my tenancy ends (moving out by ~6th, last day of tenancy 25th). My house mate wishes to move from her room into mine when I leave (it's much bigger). In order to negotiate some money back on my rent the landlord and I agreed if they can find a tenant for my housemate's room before the end of my tenancy I can have some money back.
There's no luck finding a tenant yet, but I told my landlord "provisionally" I expect to leave by the 6th, to help her to advertise the rooms availability accurately. Now she's told my housemate that she needs to start paying rent for my room from the 7th when she wants her to move in (and is incidentally my house mates normal rent date). My room is charged at a higher rate then my housemate, and she has been asked to pay the higher rate.
Now my issue is my landlord is effectively renting out my room from the 7th when in fact I am renting it up until the 25th, that's when I'm paid up to. I wouldn't mind if she was charging my housemate her usual rate until the 25th, but now the price change makes it clear that in her mind she is renting my room out whilst I'm still in possession of it.
I have half a mind to ask if I can pay my housemate's rate for the rest of the month unless they find a new tenant, effectively a room swap. It's a petty amount of money but it's the principle, they've had no qualms about taking money from my deposit when they know I have no choice, and now this.
Either that or I won't hand the keys back until the 25th and then she'll be stuffed. Although I don't want to leave my housemate in a position where she's paying for a room she can't use.
Edit: one extra point to add is that I never said I would return the keys on the 6th, and we never discussed my housemate was going to move in straight away (although I don't mind in principle - it's just she'd charging her extra for it and effectively renting my room out twice). Also she's never discussed anything at all with my housemate, just told her she's to pay the new rate from the 7th.
I guess I know what I'm entitled to (I think) and this is more of a rant, but does anyone have any advice or thoughts?
0
Comments
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you pay for the LL loss, so the lower room rate, if the room is not rented by 25th.
As for the fees for deposit, that's an unfair condition, so I would dispute it AFTER the room issue is resolved. You will win.
The fee for the ref is something you agreed to, they don't have to give a ref, just shows what type of people you are dealing with.
A dispute will cost the LL time/money so not in their interests for the small money involved.0 -
you pay for the LL loss, so the lower room rate, if the room is not rented by 25th.
Sorry do you mean by this that you think I should be paying my housemates room rate (the lower rate)? This is what I think should happen, alternatively she can wait till 25th to have possession of my room back.0 -
As for the fees for deposit, that's an unfair condition, so I would dispute it AFTER the room issue is resolved. You will win.
Also if you don't mind me asking, are you sure? I've signed it in my contract so I'm guessing unless its actually not legal she might still have a leg to stand on?0 -
Sorry do you mean by this that you think I should be paying my housemates room rate (the lower rate)? This is what I think should happen, alternatively she can wait till 25th to have possession of my room back.
Yes. If she doesn't agree, it's up to you whether you let the room be rented early, in the hope of getting at least some money back, trouble is the deposit protection system is unlikely to help with that issue, so your choice is get a little back, or a bit more back if the LL rents both out, or nothing and just leave your stuff there.
Was your deposit protected? if so you will win the deposit fee back, if not protected go to small claims and you will win up to 3x your deposit back for the LL not protecting your deposit.
(Let your LL know you know your rights, and they are less likely to mess you around,especially if the deposit is unprotected)0 -
Also if you don't mind me asking, are you sure? I've signed it in my contract so I'm guessing unless its actually not legal she might still have a leg to stand on?
you can not agree to an unfair condition, or more correctly the LL cannot enforce an unfair condition, the LL HAS to by law give a deposit back, you paying for that deposit back is an unfair condition.0 -
Your LL is legally bound to return your deposit to you so even if you refuse to pay the £30 admin fee, legally she still has to give you your deposit back.
This is the second time I've seen a post where a LL is trying to charge a fee for returning the deposit which is the tenant's own bloody money. I hope this is not a new trend emerging.0 -
Yes. If she doesn't agree, it's up to you whether you let the room be rented early, in the hope of getting at least some money back, trouble is the deposit protection system is unlikely to help with that issue, so your choice is get a little back, or a bit more back if the LL rents both out, or nothing and just leave your stuff there.
Was your deposit protected? if so you will win the deposit fee back, if not protected go to small claims and you will win up to 3x your deposit back for the LL not protecting your deposit.
(Let your LL know you know your rights, and they are less likely to mess you around,especially if the deposit is unprotected)
Thanks for your help. Yes the deposit is protected.0 -
Your LL is legally bound to return your deposit to you so even if you refuse to pay the £30 admin fee, legally she still has to give you your deposit back.
This is the second time I've seen a post where a LL is trying to charge a fee for returning the deposit which is the tenant's own bloody money. I hope this is not a new trend emerging.
So should I dispute this after she returns my partial deposit? Or before? I forget what happens, presumably they have to state to the tenancy deposit scheme that they are withholding £30 and I have to agree that that's fine before the value is released.0 -
So should I dispute this after she returns my partial deposit? Or before? I forget what happens, presumably they have to state to the tenancy deposit scheme that they are withholding £30 and I have to agree that that's fine before the value is released.
my advice, sort out the room situation first, you may get more money that way, then tell the LL you are going to dispute the fee, they would be daft to go ahead, as it will cost them time and money dealing with a dispute.
Make sure you have pictures of the room condition etc, in case the LL tries it on, if someone else has taken over the room, it would be next to impossible for the LL to claim damage etc to withhold some deposit.0 -
my advice, sort out the room situation first, you may get more money that way, then tell the LL you are going to dispute the fee, they would be daft to go ahead, as it will cost them time and money dealing with a dispute.
Make sure you have pictures of the room condition etc, in case the LL tries it on, if someone else has taken over the room, it would be next to impossible for the LL to claim damage etc to withhold some deposit.
Ok thanks for your help. That's another complication - no inventory! I'll cross that bridge when and if it comes to it.0
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