Deduction from deposit for final inspection?

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  • Deduction from deposit for final inspection?

    Letting agent wants to take about £80 from deposit at end of tenancy in order to carry out a final inspection of the proproperty. Can they do this? Thanks.

  • #2
    If you are the LL, then you could expect to pay the Agent for this service.
    If you are the tenant, then you would certainly not expect to pay for the final inspection. The agent will be working on behalf of the LL and should be paid by the LL.

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    • #3
      An unfortunate scam carried out by stupid LA's. The deposit should not be used for final inspection fees. A separate invoice should go to the LL as it is the LL's choice to have a final inspection carried out, not yours.
      I may be a housing professional but my views, thoughts, opinions, advice, criticisms or otherwise on this board are mine and are not representative of my company, colleagues, managers. I am here as an independent human being who simply wants to learn new stuff, share ideas and interact with like minded people.

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      • #4
        Thanks for the replies, I did query this charge at the time of signing the tenancy agreement, I'll make sure they don't charge me.

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        • #5
          Originally posted by LandlordGuy View Post
          Thanks for the replies, I did query this charge at the time of signing the tenancy agreement, I'll make sure they don't charge me.
          Ah so you did agree to this in the tenancy agreement.
          In such case I'm afraid you'll have problems trying not to pay.

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          • #6
            I didn't agree to it as such, I highlighted the paragraph and wrote a comment next to it challanging it. The agent wouldn't let me move in unless I signed the agreement but they never got back to me ref that charge.

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            • #7
              Originally posted by LandlordGuy View Post
              I didn't agree to it as such, I highlighted the paragraph and wrote a comment next to it challanging it. The agent wouldn't let me move in unless I signed the agreement but they never got back to me ref that charge.
              ...
              What did you write to "challenge it"?

              If you don't agree to a clause, you either do not sign the agreement, or you cross the clause out + sign next to it, then sign the agreement.

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              • #8
                I wrote "queried charge with agent" but they never got back to me to about it.

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                • #9
                  So you did agree to it.

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                  • #10
                    No they knew I didn't agree with it

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                    • #11
                      Originally posted by LandlordGuy View Post
                      No they knew I didn't agree with it
                      It is explicitly in the contract that you signed, and in addition your note in the margin makes it very clear that you read the clause and had it clarified by the agent.
                      Again, imo it would be rather difficult to claim that you never agreed to it should you wish to raise a dispute before the deposit scheme's arbitrator..

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                      • #12
                        The agent never clarified the clause. I will refuse to pay it and see what happens.

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                        • #13
                          it's still worth remembering that neither the LA or LL can deduct this from the deposit. It's a charge which can only be made at the close of tenancy and is not deposit-deductable.
                          You may end up having to pay it separately though.
                          I may be a housing professional but my views, thoughts, opinions, advice, criticisms or otherwise on this board are mine and are not representative of my company, colleagues, managers. I am here as an independent human being who simply wants to learn new stuff, share ideas and interact with like minded people.

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                          • #14
                            Without knowing the exact wording of the clause it is difficult to know the enforceability of such a clause.
                            [I]The opinions I give are simply my opinions and interpretations of what I have learnt, in numerous years as a property professional, I would not rely upon them without consulting with a paid advisor and providing them with all the relevant facts[I]

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                            • #15
                              Originally posted by ghelliwell View Post
                              it's still worth remembering that neither the LA or LL can deduct this from the deposit. It's a charge which can only be made at the close of tenancy and is not deposit-deductable.
                              I'm not convinced.
                              HA 2004 states:
                              “tenancy deposit”, in relation to a shorthold tenancy, means any money intended to be held (by the landlord or otherwise) as security for—
                              (a) the performance of any obligations of the tenant, or
                              (b) the discharge of any liability of his,
                              arising under or in connection with the tenancy.
                              Assuming that, being part of the contract, paying the fee is an obligation of the tenant, if he does not pay at the end of the tenancy, or plainly refuses to pay, agent/landlord seems in his right to seek payment through a deposit deduction.

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