Dilapidations fee

LateStarter

Hello All,

I was renting until early this year when I moved into my own place. The landlord is claiming some damages which we're in the process of negoiating (emails back and forth via the estate agent). The estate agent are now claiming I owe them something called a "Dilapidations Fee". This is £75 to them (not the landlord) because the landlord is claiming damages.

There is a clause to this effect in the contract - but is it legal?

Thanks for any advice.
LS

G_M

The contract is between ou and the landlord, NOT the agent, so you cannot owe the agent anything.

Potentially you might owe the LL, but I suspect this would be an unfair term. Dispute the fee and I doubt the arbitraitors/courts would uphold it.

Let us know how you get on.

LateStarter

Hmm, interesting point. The clause actually says "to pay, or be liable to pay an administration fee up to the sum of £75 plus VAT should the Landlord or his Agent be required to rectify any damages which were the responsibility of the tenant or his invited guests"

I will certainly contest it, especially now that I realise it says "up to the sum of £75". Who gets to decide what "up to" means?

Guest101

Just go through the DPS scheme.

Clearly the agents are trying it on

LateStarter

Guest101 wrote: »

Just go through the DPS scheme.

Clearly the agents are trying it on

Can I go to DPS even though I'm in the process of negotiating with landlord?

And I'm probably naive, but how are agents allowed to put illegal or unforceable clauses in contracts? This one even says I couldn't change the gas/electric supplier.

stator

People can put whatever they want in a contract, the courts will determine whether it's legal or not.

If you think the deductions are not fair just claim the whole thing back via DPS. Otherwise just negotiate with the landlord for him to pay the agreed portion of the deposit directly to you and NOT the agent. Then proceed to ignore them when they start demanding money. If the landlord refuses to pay you direct and wants to go through the agent, just claim the whole thing back via DPS.
If they deduct the fee from your deposit you'll have a hard time getting it back.
If they don't, they'll have a hard time getting it off you

LateStarter

Well it's taken a long time, but here's an update:

I went on holiday and ignored the whole thing, but last week got my act together and put a claim in via the DPS scheme.

Lo and behold, I got an email yesterday from the Agent saying the Landlord had agreed to my last offer (after a month!). I replied stating the figure I was expecting back... and the cheeky b*gger said no, they'd deduct this dilipidations fee from my deposit. Or else they wouldn't be able to process the return of my deposit.

I have refused. I've responsed that the deposit covered damages to the property and as the landlord and I have agreed a figure, none of my deposit is due to them.

As far as I'm concerned, my contract is with the Landlord, not the Agent, and fees for services are not my concern - surely their client (the Landlord) should be paying them.

Any ideas or advice? Am I in a situation where I can't win and it's best to give in?

LS

benjus

LateStarter wrote: »

Well it's taken a long time, but here's an update:

I went on holiday and ignored the whole thing, but last week got my act together and put a claim in via the DPS scheme.

Lo and behold, I got an email yesterday from the Agent saying the Landlord had agreed to my last offer (after a month!). I replied stating the figure I was expecting back... and the cheeky b*gger said no, they'd deduct this dilipidations fee from my deposit. Or else they wouldn't be able to process the return of my deposit.

I have refused. I've responsed that the deposit covered damages to the property and as the landlord and I have agreed a figure, none of my deposit is due to them.

As far as I'm concerned, my contract is with the Landlord, not the Agent, and fees for services are not my concern - surely their client (the Landlord) should be paying them.

Any ideas or advice? Am I in a situation where I can't win and it's best to give in?

LS

What is the current status of the DPS claim? If you're not getting anywhere with the landlord/agent, just ignore them and pursue the DPS claim.

LateStarter

benjus wrote: »

What is the current status of the DPS claim? If you're not getting anywhere with the landlord/agent, just ignore them and pursue the DPS claim.

I only submitted it last week - got an email saying it would be allocated to a Case Handler who would be in touch after they'd reviewed the documents.

benjus

LateStarter wrote: »

I only submitted it last week - got an email saying it would be allocated to a Case Handler who would be in touch after they'd reviewed the documents.

Just stick to your guns and tell DPS you don't accept the fee they are trying to charge you.

AleMrsT

I agree with Benjus, but make it clear to the agent that you are agreeing to the charges claimed by the landlord, but you dispute their claim, which you continue to dispute. They should pay you the remainder, minus the disputed amount, which is held until DPS adjudication is completed, and the amount that has been agreed by you to go to the landlord.
Although I will say, it is highly likely the agent will win, they will submit a copy of the tenancy agreement you signed with that clause written in. Unless you queried it, in writing, at the time and have proof, chances are it will be deemed that the fee was accepted at the start of the tenancy, as you have signed to agree to the terms. Still worth a shot seeing as you've already put in the leg work with the dispute.