Deductions from tenancy deposit.

simco69

Hi,


I have been trying to get my tenancy deposit back from a lettings agency.


On Friday I get an email from them saying that the landlord is handing me back my deposit in full but the lettings agency are now saying that I have not paid my contract renewal fee's.


These fees are going back to 2012 that's 5 years.


As you have to go in person to get it signed I would have paid it, It's not like we would have signed and just walked out without paying and would they have not questioned this.


5 years is a long time and I have been on a rolling contract for year and a half and as we have just moved I can't find anything to prove other wise.


Up until now I have never been informed that I have not paid the renewal fee's.


So my question is can they deduct this from my deposit?


This is the bill


On 31.10.2012 An agreement renewal fee was due £30.00
On 30.11.2012 An agreement renewal fee was due £30.00
On 09.10.2013 An agreement renewal fee was due £30.00
On 17.10.2014 Part payment of renewal fee was due £30.00
On 27.10.2014 The balance of renewal fee was due £20.00
On 14.04.2015 Part payment of renewal fee was due £30.00
On 21.04.2015 The balance of agreement fee was due £20.00
On 19.10.2015 Part payment of agreement fee was due £30.00
On 19.10.2017 Balance of agreement fee was due £84.00
On 19.10.2017 The agreement fee renewal was due £114.00
On 19.10.2017 The Agreement fee was due £114.00


Can anyone understand this and were do I stand in this?


Help most appreciated thanks.

itchyfeet123

What a cheek!

No, they can't deduct it from your deposit, although they could try and pursue you for it as a debt.

First ask for proof that the money was due -- there's probably a term in your tenancy agreement about renewal fees, but there might not be.

Look at the relevant bank/credit card statements -- chances are you wouldn't have paid with cash, at least some of the time?

JoJo1978

Do you have proof that you have paid some/all of them? E.g receipts for cash payments or bank statements?

Are these charges set out on the original terms and conditions that you would have signed?

Unless you can prove that you have paid and/or that you never signed an agreement where these charges formed part of the terms then I think you need to pay.

From their perspective it seems they believe that you owe them money. Subtracting it from your deposit is a practical solution that would clear the debt.

Unfortunately I think the onus is on you to pay fees due, many companies don't commit to reminding you.

[Deleted User]

I think you need to have a look at the tenancy agreement to see if there is a clause about renewal fees, and if you signed it.

I don't think they can take the renewal fees from the deposit held by/for the LL, but I could be wrong about this.

I'd advise phoning Shelter and asking them.

If you had an automatic roll on then there should be no renewal fee, which is why i think the agency are trying it on.

But you will need to get advice (from somewhere like Shelter) on this.

G_M

Can this be deducted from your deposit? maybe. There are 2 factors:

1) is the fee payable?
Does the tenancy agreement mention the renewal fee, and/or is it part of the published terms and conditions of either the landlord or, more likely, agent?

We can't read either, so cannot say.

2) What does the deposit cover?
Again, read the tenancy agreement. It may say the deposit is to cover any unpaid rent, or damage, in which case - no.
Or it may say the deposit is to cover any costs associated with the tenancy, in which case - yes.

Comms69

I'd claim it from the scheme and the LA will have to prove it to them

Fosterdog

simco69 wrote: »

Hi,


I have been trying to get my tenancy deposit back from a lettings agency.


On Friday I get an email from them saying that the landlord is handing me back my deposit in full but the lettings agency are now saying that I have not paid my contract renewal fee's.


These fees are going back to 2012 that's 5 years.


As you have to go in person to get it signed I would have paid it, It's not like we would have signed and just walked out without paying and would they have not questioned this.


5 years is a long time and I have been on a rolling contract for year and a half and as we have just moved I can't find anything to prove other wise.


Up until now I have never been informed that I have not paid the renewal fee's.


So my question is can they deduct this from my deposit?


This is the bill


On 31.10.2012 An agreement renewal fee was due £30.00
On 30.11.2012 An agreement renewal fee was due £30.00
On 09.10.2013 An agreement renewal fee was due £30.00
On 17.10.2014 Part payment of renewal fee was due £30.00
On 27.10.2014 The balance of renewal fee was due £20.00
On 14.04.2015 Part payment of renewal fee was due £30.00
On 21.04.2015 The balance of agreement fee was due £20.00
On 19.10.2015 Part payment of agreement fee was due £30.00
On 19.10.2017 Balance of agreement fee was due £84.00
On 19.10.2017 The agreement fee renewal was due £114.00
On 19.10.2017 The Agreement fee was due £114.00


Can anyone understand this and were do I stand in this?


Help most appreciated thanks.

What is the total amount that they are requesting? How long were your agreements for? How much were the annual fees?

Is the £30 on 30/11/12 just a reminder for the one on 31/10/12?