Confusion with Letting Agreements vs Tenancy Agreements

[abimsalabim]

If the Letting Agreement between a Landlord and their Letting Agent and the Tenancy Agreement between the Landlord, their Tenant and their Letting Agent have conflicting clauses which of them is right?

For example, if the Letting Agreement states that the inventory checks will cost £100 each but, the Tenancy Agreement (which was drafted and witnessed by the same Letting Agent) states that the inventory checks will cost £50 each, which is correct?

[ash72]

Inventory checks are a prohibited fee, and can't be charged to a T, the only circumstance where a fee can be charged is if the T breaks the contract by leaving early than the fixed period. The fee can be changed onto a LL. The fees that a LL pays for the services are not prohibited, and they can charge what they like to the LL.

[jpkeates]

Is the agent a party on the tenancy agreement - that's not ideal.

No contract usually has a priority over another automatically, although the tenancy agreement would be the only one binding on the tenant.

[theartfullodger]

Who do these agreements state pay these fees, please? Landlord, tenant, ???? It's legal for an agent to charge a landlord.....

[abimsalabim]

Both agreements (Tenancy agreement and Lettings agreement) state that the Landlord should pay for the inventory check and this is a not an issue, as I'm happy to pay for the Inventory check. However, if I want to pay the lower amount (£50 based on what the Tenancy Agreement states), but the agents insist that the higher amount is what I should pay (£100 based on what the Letting agreement states), which is correct? Should I follow the Tenancy Agreement and insist on £50 or should I go with the Letting Agreement and pay £100?

[DoricPixie]

The lettings agreement is between the landlord and the letting agency. If that agreement says the letting agency will charge a fee of £100 to the landlord for the inventory check that that is what the landlord has contractually agreed to pay the letting agency.

The tenancy agreement is between the landlord and tenant and has nothing to do with the agreement between the landlord and the letting agency.

If you are the landlord in this scenario then £100 is the correct fee for you to pay.

[ash72]

Unless the letting agreement specifically states you have to pay this, you can find your own inventory clerk to do the check-in / out, as majority of the time the additional fees are not compulsory on the LL to undertake by the letting agent, you can instruct someone else to do those aspects and pay them directly.

[abimsalabim]

Thanks for all the help and advice with this. I've opted to get my own inventory check done instead of going with that of the Letting Agency and they agreed to it.

[DPT57]

I would be asking why the tenancy agreement discusses the fees the landlord will be paying when it's no business of the tenant. Any clause of this nature should be removed. It sounds to me like the clause is a hang-over from the days when agents charged a fee to both landlord and tenant. Its also a bit worrying if they haven't updated their tenancy agreement for the last 3 years.