Letting agent trying to rip off my daughter

[Smasher]

Hi all, me again. Hope y'all well.

My daughter has just had to move out of her shared place because the LL is selling it.
Her tenancy was managed by Robert Manning letting agent. They charged her £250 moving in admin fee when she moved in.
Now they want another £140 moving out fee, although they can't explain what exactly that is for, except that it was in the small print of her contract.

I did some googling and found out that if a tenant pays a moving in fee, they can't be charged again for moving out if no new tenants are moving in. In any case, a fee of £140 seems extortionate, given that most seem to be around £60.

Apart from numerous other issues, like being charged for the internet that never worked (there is an ISP report to prove this), now the agent have sent her an email saying they want to deduct money from her deposit because they couldn't find her key where they asked her to leave it and that the blinds in her room were missing.

She took photos of everything, we have a pic of the key on the cabinet as she left, also there were no blinds in her room when she moved in. They were bought by the previous tenant who took them when she left. Other tenants in the house are aware of this and are willing to put in writing for her.

The DPS is sending my daughter a single claim form to fill in and are asking for a solicitors signature. Sounds like that might cost more than what they want to claim!

I'll post the email & pics next..

[Smasher]

Re: Letting agent trying to rip off my daughter

Email from Robert Manning + Photos of key and room

Dear....

Please note the landlord visited the property and noticed that the blinds were missing from your room and the keys were not there.

The landlord has also noticed that you didn’t clean your room before you left. We will issue a charge for the cleaning of your room and carpet and deduct from your deposit.

Kind regards

[Kati]

Re: Letting agent trying to rip off my daughter

[MENTION=15129]Crazy council[/MENTION] [MENTION=87380]Diana M[/MENTION] ??

[Diana M]

Re: Letting agent trying to rip off my daughter

Her tenancy was managed by Robert Manning letting agent. They charged her £250 moving in admin fee when she moved in.
Now they want another £140 moving out fee, although they can't explain what exactly that is for, except that it was in the small print of her contract.

The answer to your question will lie in the contract (the tenancy agreement). The Landlord can only charge for things which have been identified in that.

Check the contract to see who is liable for the cost of the Inventory and Check-In at the start of the tenancy, and who is liable for the cost of the Inventory Check-Out at the end.

The agent can also charge a prospective Tenant various admin fees which should be identified upfront (this agent refers to a "Tenancy Set Up Fee" on their website).

These fees will cover the cost of references (credit status and previous Landlord/Employer etc), providing the AST document (tenancy agreement), the cost of protecting the deposit in a scheme (if applicable) and so on.

Find out what the amounts they're charging relate to and also check she's not been double charged (e.g. has the Landlord also paid the agent for some of these services).

If there's an issue with the agent's fees then your daughter can make a formal complaint and then refer it to The Property Ombudsman (although I can't find them on the register so it may be a T/A name).

If it's a dispute over the Deposit then that can be referred to the DPS for independent arbitration which appears to be the case.

Di

[Diana M]

Re: Letting agent trying to rip off my daughter

the agent have sent her an email saying they want to deduct money from her deposit because they couldn't find her key where they asked her to leave it and that the blinds in her room were missing.

She took photos of everything, we have a pic of the key on the cabinet as she left, also there were no blinds in her room when she moved in. They were bought by the previous tenant who took them when she left.

From what you say the agent/Landlord didn't take an Inventory at the beginning or end of her tenancy in which case they'll struggle to prove anything.

I would expect the DPS to ask for evidence from the agent since you say this was a managed property.

Di

[EXC]

Re: Letting agent trying to rip off my daughter

Hi all, me again. Hope y'all well.

Hey Smasher how's it hangin'?

[Smasher]

Re: Letting agent trying to rip off my daughter

The answer to your question will lie in the contract (the tenancy agreement). The Landlord can only charge for things which have been identified in that.

Check the contract to see who is liable for the cost of the Inventory and Check-In at the start of the tenancy, and who is liable for the cost of the Inventory Check-Out at the end.

The agent can also charge a prospective Tenant various admin fees which should be identified upfront (this agent refers to a "Tenancy Set Up Fee" on their website).

These fees will cover the cost of references (credit status and previous Landlord/Employer etc), providing the AST document (tenancy agreement), the cost of protecting the deposit in a scheme (if applicable) and so on.

Find out what the amounts they're charging relate to and also check she's not been double charged (e.g. has the Landlord also paid the agent for some of these services).

If there's an issue with the agent's fees then your daughter can make a formal complaint and then refer it to The Property Ombudsman (although I can't find them on the register so it may be a T/A name).

If it's a dispute over the Deposit then that can be referred to the DPS for independent arbitration which appears to be the case.

Di

Ok, I'll get her to bring me a copy and we'll go thru it. Thanks for taking a look, much appreciated

[Smasher]

Re: Letting agent trying to rip off my daughter

Hey Smasher how's it hangin'?

Hi mate, very well thanks, hows you?
Still playing rock n roll and getting older as disgracefully as possible
Doing a lot of building work on my folks house to make life a bit easier for my dear old dad.
Other than that, well, nobody sued Gary this week, so fairly quiet..

[Diana M]

Re: Letting agent trying to rip off my daughter

I'll get her to bring me a copy and we'll go thru it. Thanks for taking a look, much appreciated

You're welcome.

I'm a Mother, I'm a Landlord (well a Landlady actually) and I work for a law firm, so that's three good reasons for trying to help you and your daughter on this thread.

Di

[Smasher]

Re: Letting agent trying to rip off my daughter

You're welcome.

I'm a Mother, I'm a Landlord (well a Landlady actually) and I work for a law firm, so that's three good reasons for trying to help you and your daughter on this thread.

Di

We appreciate it very much.
That's 3 full time jobs! And you're a landady and a lawyer aswell?

You know, I grew up in a circus of musicians. It was only when I rented my 1st place that I found out not all landladys have a beer cellar..

[Smasher]

Re: Letting agent trying to rip off my daughter

Ok, I got her to bring me all her stuff and go through what exactly is going on.
Seems I misunderstood the situation a little bit, but still issues remain.
Her tanancy was for 12 months, with a 6 month break (see below). The landlord decided he wanted to sell the house, so the tenants were given notice to leave.

There is a checking out fee stated in the contract, but actually their last letter only asks for £60, so I don't know where that £140 figure came from, I think she should just pay it. I'm sure the royal bank of dad has a policy somewhere that will cover it.

Her main gripe is, she didn't expect to have to move out soo soon. She moved out 20 days ago and still doesn't have her deposit back, because they want to deduct money from it for missing key, missing blinds & room not cleaned, which she can clearly prove are not true.

1.4
Term
1.4.1 The Term shall be from and including 13 April 2017 to and including 12 April 2018 and then the

tenancy continues as a monthly contractual periodic until ended following either party giving
Notice.
1.4.2 This tenancy is subject to a 12 month fixed term with 6 month break.

1.4.3 The "Term" is to include any periodic continuation of the tenancy beyond the fixed term.

1.4.4 After the 12 months, this tenancy would automatically become periodic. This would normally

guarantee both parties the rights and obligations for the fixed term and a minimum of one period.
The following two clauses allow either party to terminate the agreement earlier than that date,
but not before the end of the fixed term.
1.4.5 The Landlord may bring the tenancy to an end at, or at any time after, the expiry of the fixed term

by giving to the Tenant at least two months' written notice stating that the Landlord requires

possession of the Property. A notice under section 21 of the Housing Act 1988 will suffice to
implement this sub-clause.
1.4.6 The Tenant may bring the tenancy to an end at, or at any time after, the expiry of the fixed term

by giving to the Landlord at least one month's written notice stating that the Tenant wishes to
vacate the Property. A letter will suffice to implement this sub-clause. While the tenancy is
periodic the one month's written notice must expire the day before a Rent Due Date.