Dilapidations fee

LateStarter

After a few harsh emails with the EA, they've decided to return the deposit less my agreed adjustment. Supposedly they'll then invoice me separately for the "Administration" - I'm going to have fun with that one.

I've called the DPS and they've advised me to leave the case open until I'm actually have the correct amount in my bank account. Fingers Crossed!!

Just wonder how many people give in automatically to these unreasonable demands, and how Estate Agents are still allowed to get away with it.

Guest101

AleMrsT wrote: »

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.

It really isnt. Just ebcause it's written in the agreement, does not make it a fair clause.

Not withstanding, the agency is not party to the tenancy agreement, between landlord and tenant. They cannot claim against the contract.

LateStarter

Guest101 wrote: »

Not withstanding, the agency is not party to the tenancy agreement, between landlord and tenant. They cannot claim against the contract.

Agreed - exactly what I said to them. The LL is the only person allowed to claim against my deposit, as my contract is with him. Seems to have done the trick (still keeping fingers crossed).

I'll also use that to argue the admin fee - my contract was with the LL, and I never entered into a contract with the EA (not quite sure that's true) so cannot be liable for charges. The EA's contract is with the LL - go ask him for your admin fees. :mad:

Guest101

LateStarter wrote: »

Agreed - exactly what I said to them. The LL is the only person allowed to claim against my deposit, as my contract is with him. Seems to have done the trick (still keeping fingers crossed).

I'll also use that to argue the admin fee - my contract was with the LL, and I never entered into a contract with the EA (not quite sure that's true) so cannot be liable for charges. The EA's contract is with the LL - go ask him for your admin fees. :mad:

You did most likely. And it was a very simple contract. You contracted them to conduct a series of checks on yourself (referencing) and in return you paid them a sum of money. You contracted some services, these were delivered and the contract fulfilled.

It's almost certain that the tenancy agreement is between you and the LL. If they invoice you just ask them to produce a copy of your contract with them.

LateStarter

Got my deposit refunded today - the correct amount too. Hurrah!

Not let's see what happens with the "administration fee".

LS