Letting Agent Threatening Extra Charges If We Claim via DPS

Jogabonito7

Hello everyone,
This is my first time posting to MSE, long time reader! My partner and I are in a little bit of a pickle.

We recently moved out of our 2 bed flat in London and are having to dispute a few things on our deposit. I'd like some advice on a few things.

As the property was professionally cleaned, and repainted before we moved in - we have agreed to deductions to allow them to do the same for the next tenants. However, the agent is claiming 'admin fees' for arranging the cleaning and also for collecting the keys. I've argued that I believe it's not the tenants responsibility to pay for this out of the deposit - surely that is what they get paid for by the landlord?

Secondly, they are threatening that should we take this dispute to the DPS (and they win) that they will charge a further £250 for their time and having to provide evidence.

I guess I'd just like some perspective on whether we are expected to cover admin costs, and is it typical to then charge more should we go via DPS. It seems DPS was set up to help this process, yet she is trying to avoid it.

Any help is greatly appreciated!

Comms69

Jogabonito7 wrote: »

Hello everyone,
This is my first time posting to MSE, long time reader! My partner and I are in a little bit of a pickle.

We recently moved out of our 2 bed flat in London and are having to dispute a few things on our deposit. I'd like some advice on a few things.

As the property was professionally cleaned, and repainted before we moved in - we have agreed to deductions to allow them to do the same for the next tenants. -WHY???!!! However, the agent is claiming 'admin fees' for arranging the cleaning and also for collecting the keys. I've argued that I believe it's not the tenants responsibility to pay for this out of the deposit - surely that is what they get paid for by the landlord? - irrelevant, agree nothing!

Secondly, they are threatening that should we take this dispute to the DPS (and they win) that they will charge a further £250 for their time and having to provide evidence. - Well that's unfortunate isn't it, because YOUR contract is with the landlord, not the letting agent! I'd respond with "That's fine, i'll take it to small claims court instead"

I guess I'd just like some perspective on whether we are expected to cover admin costs, and is it typical to then charge more should we go via DPS. It seems DPS was set up to help this process, yet she is trying to avoid it.

Any help is greatly appreciated!

The reason youre struggling to understand is because you seem to think you have some sort of legal relationship with the letting agent. You don't.

Out,_Vile_Jelly

It's common for the departing tenant to pay the check-out fee for the inventory clerk at the end of a tenancy. Are they confusing this with the "admin fee" for key collection? Read the wording carefully.

Comms69

Out,_Vile_Jelly wrote: »

It's common for the departing tenant to pay the check-out fee for the inventory clerk at the end of a tenancy. Are they confusing this with the "admin fee" for key collection? Read the wording carefully.

It's common and yet not criminalised.


The inventory clerk is not independent. They rely on the letting agent for their income.


It's like the defendant paying the executioners wages...

Jogabonito7

we have agreed to deductions to allow them to do the same for the next tenants. -WHY???!!!

I know this is our first rental property and I feel like we're being put through the ringer! We accepted this before knowing how unreasonable she'd be.

It's common for the departing tenant to pay the check-out fee for the inventory clerk at the end of a tenancy. Are they confusing this with the "admin fee" for key collection? Read the wording carefully.

Nope we have paid for an incredibly detailed inventory clerk at £188. This is a completely separate fee. Which she's apparently reduced from her typical rate (out of the kindness of her heart)

sal_III

They are taking the mick. Refuse to pay for the repainting (I hope you haven't paid already).

They can't charge you the £250 for a deposit dispute, empty threats. The process is "automatic" and there are no winners and losers - the arbitration service simply splits the deposit between the LL and Tenant based on the evidence provided. There is no option for the LA to "insert" the £250 fee anywhere. Empty threats.

Pixie5740

Read G_M's Deposits: payment, protection and return.

Jogabonito7

They are taking the mick. Refuse to pay for the repainting (I hope you haven't paid already).

They can't charge you the £250 for a deposit dispute, empty threats. The process is "automatic" and there are no winners and losers - the arbitration service simply splits the deposit between the LL and Tenant based on the evidence provided. There is no option for the LA to "insert" the £250 fee anywhere. Empty threats.

We haven't paid anything yet, but did agree to the repainting in writing so I'm not sure whether we could go back on our word, or if that would be held against us?

They are claiming they'd (attempt to) get the extra £250 via small claims court.

Thanks everyone for your replies so far, it reassures me that we should be fighting this. It's so tiring and stressful but I guess that's the gameplan so that we just cave in to their requests!

Pixie5740

This is exactly why the deposit schemes were introduced, because of chancers like this.

Comms69

Jogabonito7 wrote: »

We haven't paid anything yet, but did agree to the repainting in writing so I'm not sure whether we could go back on our word, or if that would be held against us?

They are claiming they'd (attempt to) get the extra £250 via small claims court. - hahahahahaha! That's hilarious.

Thanks everyone for your replies so far, it reassures me that we should be fighting this. It's so tiring and stressful but I guess that's the gameplan so that we just cave in to their requests!

The fundamental issue of contract law is to have an actual contract.


Yours is with the Landlord.


There's is with the Landlord.


Amazing stupidity there by the agent

Jogabonito7

To quote her directly: "If the DPS dispute time find in favour of the the landlord, she is also entitled to claim against you for the costs in providing the evidence to the DPS which I charge out at £250.00. They can do this via the small claims court."

So it seems like she's implying they'd pass on any costs from the Landlord to us.

Also the landlord is the agent's sister, so there is definitely some blurred lines here.