End of tenancy check out fee

Daddybear85

Hi wanted to ask u guys,
When we started renting our previous property we had to pay up front for check out, was told this was for an external company to come in and do the check out. However when we checked out it was done by a member of staff from our letting agents. I'm thinking I'm thinking I may have grounds to formally complain and request the money paid be refunded, maybe even ask to be paid what I may of earned by putting it into a saving account? opinions please

chris_m

If your tenancy agreement stated that you were liable to pay for the checkout it is not really relevant how the agency/landlord choose to do the checkout, provided it was done properly. It may be that, at the start of your tenancy, the agency did not employ a checkout clerk themselves but now they do.

Of far greater importance is the quality of the report and whether or not it agrees with your view of the property's condition at checkout.

pmlindyloo

Did you also pay for a check in fee?

According to this paying both the check in and check out fee is an unenforceable term in a contract.

http://www.landlordlawblog.co.uk/2013/11/28/tenants-questions-on-inventory-charges/

theartfullodger

What was the exact wording in the tenancy agreement about paying the fee?? (Or on the receipt if there wasn't any).

Assuming deposit sorted I'd sent an LBA to agent demanding the fee back & hope they pay. Citizens advice have exemplars

Miss_Samantha

pmlindyloo wrote: »

Did you also pay for a check in fee?

According to this paying both the check in and check out fee is an unenforceable term in a contract.

http://www.landlordlawblog.co.uk/2013/11/28/tenants-questions-on-inventory-charges/

Hi pmlindyloo,

As one person commented on that article, I am afraid that this is wishful thinking.

pmlindyloo

Miss_Samantha wrote: »

Hi pmlindyloo,

As one person commented on that article, I am afraid that this is wishful thinking.

Mmmm, not so sure

The problem is that someone would only find out if it was taken to court.

As a lay person logic tells me that an inventory is in the best interest of both the landlord and the tenant. Therefore in terms of 'fairness and balance' both should bear the cost.

It could be that both landlord and tenant are being charges these fees - known this to happen!

If OP has been charged both check in and check out fees then it is certainly worth raising this with both the landlord and the letting agent bring up the term 'unfair clause'.

Not saying it would work but worth a punt!

G_M

Daddybear85 wrote: »

..... we had to pay up front for check out, was told this was for an external company to come in and do the check out. However when we checked out it was done by a member of staff from our letting agents.

'told' or written into the contract?
Exact words (of the conversation or contract)?

Define 'external company'? Seems to me a letting agent is an 'external company' employed by the landlord to manage the letting (including check-in/outs) on his behalf.

Daddybear85

Cheers everyone think I may just write a letter of complaint and see where it goes.