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Agent Checkout Fee's after Eviction


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Hi,

Two weeks ago I was evicted from my flat, as the landlord was not paying his mortgage and the property was repossessed.

 

I was told by the agent that I would receive my full deposit back as the landlord had broken the contract, making it null and void. Yesterday I received my deposit, however there was £72 missing. I rung the agents accounts department to find out what this was and I have been charged a checkout fee.

 

This checkout fee is mentioned in the contract however, we were told the contract was null and void, so are they still able to charge us this?

I did point this out to them on the phone, but they refused to agree with me and said the charge was to get the deposit back. Are they able to charge for return of the deposit? I believed before that a checkout fee was for checking against the inventory for damages, but the agents were not able to do this as the keys were taken and locks changed by the bailiffs?

 

Please help, as if eviction isn't enough stress without throwing more problems in!!

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It say's "The check out administration fee of £60 plus VAT is payable before the tenant vacates the property or the tenant can have the charge deducted from the deposit".

 

However, there is also " the agent must tell the tenant within 10 working days of the end of the tenancy if they propose to make any deductions".

Even if they are still able to charge the fee, we were not told about the deduction being made.

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As the contract says "The" rather than "A" it implies that the fee is mentioned elsewhere.

 

It may (or perhaps should) have been mentioned alongside all the other swingeing fees they charge in the paperwork you were given when you first viewed the property.

 

In absence of that, I think it is entirely reasonable for you to indicate that you wish to raise a dispute on the basis that there was no "check-out" and therefore no fee can be charged. By default a "check-out" implies a process of checking condition of property.

 

Are you owed any rent, or did you get adequate warning of eviction such that you only paid rent up to the day of eviction?

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Thankyou! I will try raising a dispute.

We are owed rent, but only 4 days worth. However, the agents told us that has to be arranged with the landlord yet they wont give us contact details for him! I believe, although I am not certain, that they have to provide contact details by law.

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I don't believe an agent *has* to give you LL contact details. What they have to give you is a legal address through which you can serve papers.

Often this is their address. Often it is listed in the contract with a reference to Section 48 of the Landlord and Tenant Act 1987.

 

Do you have the LL's name? If not, then you have a right to demand money off the agent as though the agent were the landord, I believe, as the landlord is an "undisclosed principal".

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Agents cannot deduct any fees from the deposit ( it is yours ). any fees due have to be claimed separately.

Defo raise a dispute, however it is the LL that is responsible to you.

You could always sue the Agent, but then they could counterclaim for their fees!

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As contract rendered void I cannot see that LA can charge for a service it cannot perform. LA acts for original LL and the property belongs to mortgage company so they have no contract.

They are trying it on because they are going to lose maoney and feel that it is OK to take it out on you thinking you wont know any different. get them to prove in writing they are acting as the agent of the mortgage company.

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As contract rendered void I cannot see that LA can charge for a service it cannot perform. LA acts for original LL and the property belongs to mortgage company so they have no contract.

They are trying it on because they are going to lose maoney and feel that it is OK to take it out on you thinking you wont know any different. get them to prove in writing they are acting as the agent of the mortgage company.

 

+1

 

I'm in total agreement!

 

Go get your money refunded back...

 

 

It also a total ripoff as well! LA charging £75 for popping in, for what, 5/10 mins is at best extortionate & at worse a total sc.am!

 

I've never paid it (been in private rented sector 20+ years) & I wouldn't pay it!

 

The fees now being charged by LA are horrendous enough, from being credit checked upwards from, £150 + vat per person, Admin fees, Contract fees, Renewal contract fees, etc etc.

 

My LA charge my Homeowner £200 a month to "manage" their property for them. For this fee I've had 1 house inspection!

 

A right nice earner this Letting lark is!!

I don't suffer from insanity, I enjoy every single minute of it!!

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Not sure that LL not paying mortgage does invalidate tenancy contract.

T has a tenancy until agreed departure or legal eviction via bailiff.

Though checkout and associated admin fee does seem superfluous for a lender repossession.

Who is seeking this fee LL or LA?

Def seek DPS ADR or contest the deduction.

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