Landlord wanting to take "renewal fee" out of deposit

[James1760]

Hopefully someone on here can help (although I expect I will get flamed by a few land lords on here)

A year a go we started a tenancy with a letting agent (who actually owns the house but we didnt know this at the time). We signed up for 6 months and signed a tenancy agreement and a separate agreement for the tenancy renewal fee (that basically said we would pay £50 for each 6 month renewal).

I had been adverse to paying the £50 from the start but would have paid had a not found out that the letting agent owned the house so in my view the fee was unjustified as part of the admin fee was going towards contacting the landlord and "negotiating" the agreement again (man maths would conclude that the agreement was now different and I would be paying towards unnecessary admin work).

Anyway 6months ago we renewed (they wanted cash for the payment which I didnt have and wouldnt pay cash anyway, then we just ignored txt messages for a bank transfer) and now we are back to renewals, the letter/landlord has now become pretty abusive about the whole thing and after our last conversation I told her that we would be moving out so no renewals would be needed (she wanted £50 to be put onto a rolling contract?) so now she wants to claim the money from our deposit.

Now I have read our tenancy agreement and there is no mention of the renewal fee in there and no mention of fees in the section of what the landlord can claim for. If it is not listed in the there then can they make a legitimate claim from the DPS?

Now I know this is only £50 but its still £50 and even though we have been good tenants (always paying on time, dropping post off etc) the landlord has always ignored any work that needs doing on the house (Promise of sorting the back garden after the last tennents left it in a state, doorbell broke,oven on last legs) so its become almost personal.

Any help would be great as we have her over for an inspection tomorrow which I think is a cover for a full blown rant.

Edited by James1760 on Monday 21st January 12:44

[AndySpecD]

Unless you particularly want a set 6 month contract I'd request to let the original contract continue on what is called a Periodic arrangement with the same terms. This would continue indefinitely until either party give notice. No more renewal fees but obviously haven't got the security of a set 6 month contract.

[James1760]

Yeah I understand the Periodic contract. I did mention that to the Letting agent/landlord when this last renewal came through which I think is what set her off. She would still like us to sign a Periodic contract and pay £50 as that is "her way of doing things", at that point she said " well do you want to stay or not" in such a condescending tone that I said we would leave at the earliest opportunity (we were planning on leaving a few months later anyway).

This is when she started going off about the £50 and how she would take it out of the deposit (held with the DPS). Now my understanding is that money can only be taken out of this deposit if it is listed in the tenancy agreement? There is no mention of renewal fees anywhere in the agreement.

[Gargamel]

I don't understand.

Is she asking for £50 which was due when you renewed the contract previously, you never paid.
Or is she asking for a new £50 because you are leaving.

I suspect this won't have a happy conclusion, she will presumably just charge you for carpet cleaning or some wear and tear item etc and recover the money that way, you may win the battle but I think it unlikely you will win the war.

[mrmr96]

James1760 said:

Now I have read our tenancy agreement and there is no mention of the renewal fee in there and no mention of fees in the section of what the landlord can claim for. If it is not listed in the there then can they make a legitimate claim from the DPS?

Obviously there was no mention of it in the Tenancy Agreement...

James1760 said:

A year a go we started a tenancy with a letting agent (who actually owns the house but we didnt know this at the time). We signed up for 6 months and signed a tenancy agreement and a separate agreement for the tenancy renewal fee (that basically said we would pay £50 for each 6 month renewal).

Q.E.D.

If you agreed to pay it, signed an agreement to pay it, were asked to pay it and then didn't pay it... I'd expect them to deduct it. It might not be legally right though, maybe they should refund the whole deposit and then chase you through court. However in reality they have your money, so they'll just deduct it and then make you do the chasing, if you feel you wanted to take them to court. You won't, though, which is why they've done this.

HTH

[James1760]

Gargamel said:

I don't understand.

Is she asking for £50 which was due when you renewed the contract previously, you never paid.
Or is she asking for a new £50 because you are leaving.

I suspect this won't have a happy conclusion, she will presumably just charge you for carpet cleaning or some wear and tear item etc and recover the money that way, you may win the battle but I think it unlikely you will win the war.

£50 for a renewal 6 months ago, She wanted another £50 to renew which is when we said we will be leaving anyway.

I hear what your saying and I can imagine her being underhand regarding the wear and tear so I might just give in.

Cheers for the responces

[Sir Bagalot]

James1760 said:

Yeah I understand the Periodic contract. I did mention that to the Letting agent/landlord when this last renewal came through which I think is what set her off. She would still like us to sign a Periodic contract and pay £50 as that is "her way of doing things", at that point she said " well do you want to stay or not" in such a condescending tone that I said we would leave at the earliest opportunity (we were planning on leaving a few months later anyway).

This is when she started going off about the £50 and how she would take it out of the deposit (held with the DPS). Now my understanding is that money can only be taken out of this deposit if it is listed in the tenancy agreement? There is no mention of renewal fees anywhere in the agreement.

Great, so you understand what a periodic agreement is.

In case you don't know you don't even need to sign a new agreement if they increase the rent on you, instead they can serve you a notice (section 13?).

I would personally inform the agent that you are no longer willing to sign a new agreement every six months, instead you are happy to let the exisitng one become periodic. If you are paying the rent on time then only a complete and utter fkwit would evict you.

Are they a member of ARLA? If so then I would also remind them that deducting £50 from your deposit is against the rules but are more than happy to involve ARLA in discussions.