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AIBU?

AIBU to think I have been ripped off?

33 replies

dimdarkashian · 10/12/2019 09:38

Letting agent has deducted a fee from my deposit for 'checking out'.

In the contract it mentions a fee will be deducted according to the Inventory Company's fees at the time. But they didn't use an Inventory Company.

Previously when this has happened at other properties a third party conducts the check out.

Where do I stand legally with this. Clearly they have deducted a fee for a fictitious company!!!

The property was left in pristine condition after living there for over 3.5 years and there was literally nothing they would have had to do to make it ready for the next tenants. Perhaps this isn't relevant but they are deducting costs when they don't have any!

I'm very frustrated about this.

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dimdarkashian · 10/12/2019 10:14

So should I only ask for the inventory report or do you think I should just get over it!

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CuriousaboutSamphire · 10/12/2019 10:17

I suspect that whatever you do you will not get the money back. It is/was a standard charge.

If you weren't asked for any more money then they can argue that hey went, looked and you had been a model tenant so they advised the LL to give you back all the money, deducted their legal charge and went on their merry way!

At least it will be the last time it happens to you. You cannot be charged such fees for any new tenancy.

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icantbecani · 10/12/2019 10:18

I think you should just get over it. You have been charged for the inspection. The check out report could
Simply be an email to the landlord saying no grounds to deduct deposit. Luckily these things have been banned (but landlords will just increase rent to pay the costs that they are charged by the agents).

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dimdarkashian · 10/12/2019 10:23

Okay, thanks everyone for your responses.

I'll grudgingly move on Wink

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LetThemEatDrama · 10/12/2019 12:09

I think some PP's are missing the wording of your contract, definitely don't think you should accept the charge. Your contract says "To pay a Check-Out charge equal to that charged by the Inventory Company at the relevant time." - if they don't even use an inventory company now how can they enforce that as the don't have 'the Inventory Company'!

I'd ask your landlord/letting agent for written confirmation of which inventory company they CURRENTLY use and the check-out fee that company charges. If they supply a name and charge you can then contact that company to check they do still work with your landlord/letting agency. You could even make a GDPR request to your landlord/letting agent to see if there's any proof of the check-out being done.

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CuriousaboutSamphire · 10/12/2019 12:18

Mmm! I started there. BUT I know that it usually covers the agent if the orignal inventory company/clerk stops working in the interim or if they bring reports in house. It is/was a pretty standard clause. It also meant that if the company / clerk increased their charges the tenant would pay the charge relevant at the time of the tenancy ending. Far too often I get asked for a check out quote... with nobody knowing how long the tenancy will actually be!

The Check Out is deemed to have been done if all parties agree on the condition - and all have agreed that the OP left the property in good condition, no monies were asked for. And email, scribbled note on the back of a fag packet anything can be a check out (or inventory for that matter).

Basically The Inventory Company can be anyone, Clerk, Agent or Landlord, Uncle Tom Cobbley. It only becomes a problem if there is a dispute over dilapidations. OP doesn't have that, she just has the fee that she signed for 3.5 years ago, when it as legal!

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dimdarkashian · 10/12/2019 12:28

Yes I was hoping that as they hadn't used a company it was invalid.

Never mind.

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CuriousaboutSamphire · 10/12/2019 12:31

Sadly not! The Association I belong to is lobbying to have 3rd party inventories become mandatory, like in Australia and other countries.

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