Tenancy Extension Fee, following fixed term AST

lucymcnick

Hi guys,
I've had a good search on here for similar issues but couldn't find an exact match, so apologies. I have a question deposit deductions at the end of my tenancy
We had a 6-month fixed term tenancy which ran from Mar19-Sep19 and no renewable contract was signed, it just rolled over into a periodic tenancy. We stayed until Mar20 and now upon moving out, The letting agents say they will deduct £114 plus VAT for extension of the tenancy. The term in the contract actually says this:

1. 12.5  The Tenant agrees to pay upon demand the full Administration Costs including £180.00 inc VAT upon each extension of the Tenancy Agreement when any tenancy is extended, renewed or held over on a periodic basis after any fixed term period, and £120.00 inc VAT for the Check-out Inspection at the end of the Tenancy. The Tenant hereby agrees that these costs may be deducted from the deposit if not paid directly.

   Is this extension fee legit, even though it was a periodic tenancy and no admin costs were incurred that I know of? I understand they will charge for a renewal fee and push for this but for a periodic tenancy it seems strange to me. I want to know if I am able to challenge it. Also they are asking me for £114 rather than £180 stated in the contract which also strikes me as strange
   

   would love to have some input here thank you!

D_M_E

Would dispute it with whatever deposit protection scheme your deposit is with - it is/was protected, yes?

Would think that such a term is unenforceable since they are trying to charge you for something that is your legal right and would dispute it on those grounds and see what the scheme says.

lucymcnick

Yes it was protected - thank you I will check with them!

greatcrested

What else does the agreement say about what happens at the end of the fixed term (Sept)?

If you moved to a Statutory Periodic Tenancy, as defined by the Housing Act, no fee can be charged,since the law specifies what happens.

If you moved to a Contractual Periodic Tenancy, as defined by the contract, then arguably the terms of the contract apply so the fee could be charged - though I'd be interested in the outcome of an appeal to arbitration......