The saga of our nightmare tenancy goes on.
We are renting a 4 bedroom house under an AST. The owner has exercised the break clause so that she can sell the house in the tenancy agreement and we are moving in 3 weeks. The owner has found a buyer and the sale is progressing.
When we took the tenancy the property was in poor decorative order and we spent £2,500 last year having most of it professionally decordated. It's in much better condition now than when we moved in.
The owner's agents want to charge £176.25 (incl VAT) for the checkout. They are using an external agency to do the check out. We have suggested that, subject to the owner's agreement, they could do the checkout themselves and charge us rather less particularly given the condition of the property and that it has been sold. So far they are not only refusing to do this but they don't seem prepared to even ask the owner about it.
Leaving aside the slightly unusual circumstances of the checkout, I can't find anyone on the web who charges so much for a checkout for this size of property. Moreover, the check in charge was £126.50. Whilst this was a year ago, it is significantly less than the check out charge. Again I can't find anyone who charges more for the check out than the check in.
I can't find anything in the AST that deals with check out/ in charges. We did, however, sign a Notification of Costs attached to a Tenants Guide to Lettings that says we are liable for checkout costs.
Some questions:
1) Am I right in thinking that the charge seems high for the size of property and is strange for exceeding the check in costs.
2) Is there a reasonable argument for them to use a cheaper check out service given our own expenditure on the property?
3) Given that the tenancy agreement doesn't appear to make reference to the costs of check in and check out, can they deduct the cost of the check out from our deposit or so they have to separately bill us for this?
4) If the checkout cost is deducted from the deposit, is it subject to the normal dispute rules and can it be challenged under them?
Sorry for all the questions.
Check Out Charges
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by JeremystThank you for all the advice. I agree I need full jandlird training ... all this is overwhelming me ...
To provide fuller background: S21 has been served. The court has sent T the papers. He needs to reply in the next 48 hours. I may be wrong, but I believe he is trying to avoid a court...-
Channel: Residential Letting Questions
20-04-2021, 06:49 AM -
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by JeremystAST tenant has completed tenancy but has refused to move out. Today he proposed to pay 1/3rd of most recent rent per month for 3 months then leave.
If I were to agree what paperwork (contract?) do I have to have in place? If I agreed to his proposal what rights would he have as a tenant during...-
Channel: Residential Letting Questions
19-04-2021, 21:49 PM -
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by jpucng62As soon as he is in arrears do a MCOL and if he won't pay get a CCJ against him - that will make his next property harder to obtain.
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Channel: Residential Letting Questions
20-04-2021, 06:20 AM -
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Reply to Evacuation of Tenantby nukecadJust to note that you should only deduct their usual rent for the period they were in the alternative accommodation, even if it cost you more than that. (If it cost you less then you win a bit).
ie. They should only pay their normal rent, you or your insurance should cover any extra. (That's...-
Channel: Residential Letting Questions
20-04-2021, 05:45 AM -
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by berrahriThere was a landslide and my Tenant had to be evacuated. They cannot return because access to the property is not safe.
They had been reasonably okay Tenants, but as soon as this event occured they have treated me like the enemy! Everything I have advised appears to have been treated with suspicion...-
Channel: Residential Letting Questions
19-04-2021, 00:23 AM -
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by Jon66Jeremy you need to go and take some landlord training. You will find it most helpful because you clearly don't understand the statutory framework around which you are doing business and that's not a good idea.
The tenant is perfectly entitled to remain in the property after the fixed term...-
Channel: Residential Letting Questions
20-04-2021, 01:28 AM -
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by Jon66Service is governed by the CPR and practice directions. Easy to look up if you Google CPR rules. I think its 6. It is perfectly ok to hand deliver making a note of date and time and confirming this in a sworn witness statement, although I also get a photo too where possible. Otherwise through the post...
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Channel: Residential Letting Questions
20-04-2021, 01:20 AM -
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by Madmax86Hi all
First time serving a section 21 notice.
Been reading online and seems to be mixed responses about the best way to serve it.
I initially thought recorded or special delivery would be the best as it is tracked however if it's not received it can be deemed...-
Channel: Residential Letting Questions
19-04-2021, 17:42 PM -
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Reply to Evacuation of Tenantby berrahriThank you for your response, we have already settled the Deposit and I will now propose as you suggest with the rent return, deducting the alt accommodation cost. Hopefully they will accept and we can move on.
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Channel: Residential Letting Questions
19-04-2021, 23:36 PM -
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Reply to Evacuation of Tenantby Jon66It's a civil matter. If your tenants were unable to remain in the property the usual position, unless the TA says you will provide alternative accommodation, is that the contract is frustrated and void from that point. The right thing to do is to refund the monies either from the date at which they...
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Channel: Residential Letting Questions
19-04-2021, 23:15 PM -