I have received a blog clinic request from Jen. She has a problem with her landlord regarding checkout:
Hi, My current tenancy is coming to an end and the letting agent has just sent me a bill for check-out fees. I was not made aware of these fees when signing the tenancy agreement and they say if I do not pay the bill then I will not be allowed to be present when the closing inventory is carried out.
Is this the usual procedure? Many thanks, Jen
So far as I am aware this is NOT the usual procedure Jen, although no doubt others will correct me if I am wrong.
First up, it is quite usual for landlords / agents to charge the tenant for the checkout fee, and this is all right if the landlord pays for the other one (ie so long as tenants are not expected to pay the checkin AND checkout). However it has to be set out in the tenancy agreement. The Landlord cannot just charge it willy nilly. If it is not in the tenancy agreement, or if you have not specifically agreed to it, then it is not chargeable.
So far as excluding you from the checkout meeting, my view is that they are not entitled to do this. What does anyone else think?
Ben Reeve-Lewis says
June 17, 2011 at 8:19 PMThis post has really pissed me off (edit as approriate Tessa) This is typical example of amateur, bullying landlord behaviour that needs to be stamped on.
Check out Unfair Terms in Consumer Contracts Regulations 1999, Regulation 5 “a contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties’ rights and obligations arising under the contract, to the detriment of the consumer.”
Fight this to the death Jen
Paul Morris says
June 17, 2011 at 8:26 PMTenants cannot be excluded from the final inspection of their own tenancy, in fact agents should only be allowed to conduct the checkout without the tenant with their permission. If issues are to be raised which could effect the return of a deposit, then the tenant should be allowed to make an immediate response. It is surely in the agents best interest to have the tenant present at the final inspection as any questionable findings could be argued without witness presence. It strikes me that only a corrupt agent would insist on the tenant not being present.
Ben Reeve-Lewis says
June 17, 2011 at 9:10 PMYes. As long as the lettings industry is peopled by these amateur Arthur Daley scam artists renting will continue to not only be seen as an undesirable alternative to home-ownership but will also damage the reputation of decent landlords and agents across the land.
Still fuming………………
Tessa Shepperson says
June 17, 2011 at 9:38 PMThank you both for your comments. Jen, maybe you could threaten to report the landlord to the tenancy deposit company – this may be against their rules.
BTW I presumably the landlord HAS protection the deposit?
Jennifer says
June 21, 2011 at 11:08 AMWhy the fuming at the landlord? According to Jen, it’s the letting agent who is saying she cannot attend the checkout meeting. And has Jen checked to see if her tenancy agreement makes reference to payment of the the checkout fee?