Exit Fee for leaving rented house

richbek

Me again.


We are buying our first house, exchanged yesterday and handed in our notice for our current rented house. We have been here for over six years on a Statutory Tenancy after the initial 6 month term expired.


We have had a reply from the agents today with the information about end of tenancy, where they have referred to a £35.00 'exit fee' payable by us before we leave.


We have never been advised about this fee, there is nothing in our tenancy agreement about it, and it's not been mentioned at all until now. We have checked all the paperwork from the start of the tenancy and there is nothing anywhere about any exit fee.


I know it's not a lot, but it's the principle of it - can they force us to pay? Take it out of our deposit? Am I right in thinking they can't just impose a fee without having made us aware of it before we signed the tenancy agreement?


We've been renting for 14 years, in 5 different houses, and this is the first time we have ever been asked to pay anything like this.


Thanks in advance.

Marvel1

If it's not listed anywhere they cannot make you pay anything.

PasturesNew

If it's not in your contract, you can ignore it. Point out to them that you've been there 6 years and it's not there; they must be using different/modern contracts and most staff are just "assuming" all contracts are the same without checking.

So, it's probably in newer contracts - but not yours.
Therefore, you don't pay.
Staff member, who is probably spotty and on Facebook a lot, has only been there 1-2 years and is just grunting their way through "the usual process" without actually having a clue there are different contracts out there.
Manager's probably got the attitude "Oh well, if the suckers pay it, that's a win for me".

richbek

Thank you, that's what I thought.


I can't wait to never have to deal with another letting agent again!

G_M

Exit fee for what?

It could be for a check-out inspection. If it's in the tenancy agreement you need to pay. If not, you don't.

However it may be a condition for them to accept your Earl Surrender of the tenancy. Did you serve the correct notice?

* what date (exactly) did your original 6 month tenancy agreement end?
* do you pay rent monthly?
* is the property in Eng/Wales?
* what date did you serve notice (serve, not send)?
* what date did you give for the tenancy to end?

richbek

Thank you, see below:

G_M wrote: »

Exit fee for what? The letter from the agents says 'Prior to the termination of your tenancy there is an exit fee payable of £35.00 (inc VAT) as per the enclosed invoice'. [There is no invoice enclosed.] 'If you require a landlord's reference there will also be a fee of £35.00 (inc VAT) per person which needs to be paid in advance of the reference being provided'.

It could be for a check-out inspection. If it's in the tenancy agreement you need to pay. If not, you don't.

However it may be a condition for them to accept your Earl Surrender of the tenancy. Did you serve the correct notice? Yes

* what date (exactly) did your original 6 month tenancy agreement end? 6th November 2010

* do you pay rent monthly? Yes

* is the property in Eng/Wales? England

* what date did you serve notice (serve, not send)? The letter was dated 5th July 2016 and emailed over, I was also going to hand a copy of the letter into their office yesterday afternoon but they emailed back acknowledging the notice yesterday (6th July 2016) and a hard copy of the acknowledgement and instructions arrived in the post this morning.

* what date did you give for the tenancy to end? 6th August 2016 - the notice period had to end on the day before our rent day, which is the 7th of the month.

G_M

That appears to be correct notice, as you say.

So PasturesNew is probobly right - their current tenancy agreements have the charge, but yours did not.

Write them a friendly, polite letter/email pointing out that your TA does not include an exit fee.