End of tenancy - check out fees

[h_ramus]

Hello there,

I've signed a 1 year tenancy agreement on the 16th April 2007. I believe that this is regulated by the 2004 Housing Act. However, the contract explicitly states

"This Agreement is intended to create an Assured Shorthold Tenancy as defined by section 19A of the Housing Act 1988 (as amended) and shall take effect subject to the provisions for the recovery of possession set out in section 21 of that Act"

1st question: Can an agreement refer to an Act that has been superseeded?

Additionally, one day before the end of the tenancy, I have been informed that I will have to pay £80 check out fees. I have never paid check in or inventory fees. The inventory on the property's items has never been conducted and agreed by both parties. The contract has a clause in which refers that:
"The tenant is obliged to pay to the Agent the cost of the checking of the Inventory and Schedule of Condition at the end of the Tenancy"

The inventory was never made and the lettings agent is now trying to charge £80 for something that they may have "forgot" to provide in the first place.

Can they charge this? Seems to be a hidden fee since it was never discussed throughout the agreement. I had never heard that they would charge such a fee. In case they go ahead with the charge how can they enforce it? Through a deduction from the deposit?

The deposit is stated to be included in the Tenancy Deposit Scheme for Regulated Agents as provided in the signed Agreement. As such, would it bee lawful to deduct hidden admin fees from a deposit? And should they provided additional information in relation to the deposit? I have never received any further information than what it's stated in the contract, i.e. included in the Tenancy Deposit Scheme for Regulated Agents.

Apologies for the amount of questions. Your contribution is greatly appreciated!

Many thanks

H

[Aequitas]

I think you have answered your own question. The agent cannot check something that does not exist.

[h_ramus]

That was precisely my point...

"The fee is paid to an independent inventory clerk to conduct a check out at the property; this is in as much your interest to have one of these as it is for the landlord. This is a requirement and is clearly highlighted that you are responsible for this payment. "


Should I refuse to pay this? Can I just say that I do not accept given that there is no inventory? Can they deduct it from my deposit?


Thanks


H

[Aequitas]

Ask them how the inventory clerk is supposed to do his job if there is no inventory.

[h_ramus]

One month has passed and still no confirmation from the agent as to why they want to charge the £80 amount. Last information received was the same, related to check out fees. They seem to be trying to charge for something they forgot to do in the first place because they're incompetents. Also been trying to get in touch with them to understand the status of things and they've basically been avoiding me.

I've contacted all the 3 deposit schemes and they've actually deposited the money in 1 of them. However, they didn't notify me of this, I had to figure out by myself by mailing each of the schemes.

I've decided not to contact the agent any further since it has been a frustrating experience (sometimes or the border of rudeness). So far the deposit has been held for 1 and half month without any reasonable grounds for this. All utilities/council tax bills have been paid and there was no damage to the property apart from general wear and tear.

I'm liaising with the protection scheme directly as the agent doesn't reply to emails nor accepts my calls when I identify to which property it relates to.

Is there any instution that I can make a formal complaint about the agent's behaviour / lack of professionalism? Will I be able to request for compensation for the time that I've spent in dealing with this? How can a deposit be hold without any reasonable grounds?

Any thoughts on this? I'll be detailing my situation to the protection scheme but probably the best that they can do is to return my deposit. Had I ended up with another agent and my situation likely had been solved ages ago.

Many thanks for your assistance.