Deposit admin deductions.

[ukcarmo]

Hello,

Having disputed my landlords attempts to deduct money for damage that did not happen. They are now saying that they will back charge for 'contract renewal admin fees' even though they agreed not to charge anything for this.

Can they do this?

Just to add that the deposit wasn't protected and no inventories were done.

All help greatly appreciatted.

thanks

ryan

[MrJohnnyB]

Hello,

Having disputed my landlords attempts to deduct money for damage that did not happen. They are now saying that they will back charge for 'contract renewal admin fees' even though they agreed not to charge anything for this.

Can they do this?

Just to add that the deposit wasn't protected and no inventories were done.

All help greatly appreciatted.

thanks

ryan

What does your tenancy say about you paying landlords renewal fees?

[mind the gap]

Hello,

Having disputed my landlords attempts to deduct money for damage that did not happen. They are now saying that they will back charge for 'contract renewal admin fees' even though they agreed not to charge anything for this.

Can they do this?

Just to add that the deposit wasn't protected and no inventories were done.

All help greatly appreciatted.

thanks

ryan

If you signed nothing to begin with to allow them to deduct such fees from your deposit, they cannot do so now. In the absence of an inventory they will struggle to justify any deductions for cleaning or damage, either.

Send them a short letter/email headed Letter Before Action demanding they return your deposit in full by x date (give them five working days) or you will press 'send' on the mopneycalimonline form you have prepared expressly for the purpose and a copy of which you attach for their perusal. http://www.hmcourts-service.gov.uk/o...mcol/index.htm

This often does the trick without the need for further action, but if your LL perists in being block-headed about it you will have to see them in court. You sound to have a good case though.

Are you dealing with your LL or his agent, by the way?

[ukcarmo]

Very fast response thanks.

So the last contract states that the cost of the contract shall be bourne by the landlord, renwals will be 50% the responsibility of the tenant. The current contract was not renewed. Earlier contracts (dating four years) were.

ryan

[ukcarmo]

This is a private landlord. I sent the letter saying that she cannot provide evidence that damage occured and thus we wouldlike full refund or will go to small-claims court. At this point she states she would like four years worth of back dated admin fees, even though she has acknowledged in an email that she never asked for the admin fees.

[MrJohnnyB]

So earlier contracts did not require you to pay renewal costs?

[mind the gap]

Very fast response thanks.

So the last contract states that the cost of the contract shall be bourne by the landlord, renwals will be 50% the responsibility of the tenant. The current contract was not renewed. Earlier contracts (dating four years) were.

ryan

Does it say how much the renewal fee is/was?

[ukcarmo]

yes earlier contracts stated at renewal fee was required, however she said she would not charge this. Surely as these contracts have ceased she cannot now enforce them?

[ukcarmo]

fee would be £75 a time

[MrJohnnyB]

yes earlier contracts stated at renewal fee was required, however she said she would not charge this. Surely as these contracts have ceased she cannot now enforce them?

She has said she would not charge these? or has not charged these?

[westminster]

yes earlier contracts stated at renewal fee was required, however she said she would not charge this. Surely as these contracts have ceased she cannot now enforce them?

Yes, she can; e.g. if there were any unpaid rent, it would still be owing even after the tenancy ended.

Do you have any written evidence that LL agreed not to charge the fees? The fact that she acknowledges that she never asked for them doesn't, in itself, get you off the hook.

[fletchj]

At this point she states she would like four years worth of back dated admin fees, even though she has acknowledged in an email that she never asked for the admin fees.

What exactly did she say in the email? This could be important because if she said "I did not ask for them" that could be very different from "You don't have to pay for them"

Either way, for the moment,your line should be - it was agreed that these fees were not due and you cannot reverse that decision now. See how that goes. If LL pursues it the wording of the email is important because she has up to 6 years to pursue a debt - I don't think that the fact that she didn't ask for payment at the time will make a difference. If she said you didn't have to pay the fees then you can argue that she cannot now pursue them, possibly estoppel applies.

[ukcarmo]

thanks for your help.

verbally she agreed not to charge. in writing she has said , "(I) never asked you for admin fees" and in her last email "As mentioned before, I have borne the cost of renewing your contract every single time now. You have not once paid towards this, so this amount is still outstanding. I was not going to pursue this, but may now have to reconsider this."

ryan

[westminster]

Then I think she has a reasonable chance of success if you claim for the deposit and she counterclaims for the admin fees.

[ukcarmo]

it would seem so, thanks for all you help