[triso23]

Hi,

We moved into a flat about 2 years ago, however we never witnessed or signed an inventory for the property, now we are leaving the property and they want us to do a check out inventory and pay £300 for the check out, I feel this is extremely unfair because we never agreed to the initial check in, am I right to refuse to pay for this, and if they decide to withhold any monies for damages etc do they have the right to if no Inventory was agreed to from the outset....Oh just as an addendum to this, it does stipulate in the contract that we must pay for the check out, however it makes reference to the check in which I feel in void...

Thank you

[jbvr]

It's purely illegal. If they take it off your deposit take them to court straight away.

They have to return the deposit in 10 days by law and if there's no inventory at the start technically the law assumes there was nothing in the propertuy in the first place.

Who are they?

[jbvr]

In addition, if they say you have to pay because it is the contract tell them to f off because...

Unfair terms in consumer contracts (which is what a tanancy agreement is, a conumer contract) are considered unenforcable. That means that any terms in the agreement, and this includes the administration fee they made you pay, can be in effect ignored by you. It is as if it were never there. technically it invalidates your whole contract but that's more complicated.

Ensure that these poeple haven't ripped you off in any other way. if they have get redress for it.

Type into google Unfair Terms in Consumer Contracts UK to find out more about it.

I really hate it that agencies and landlords can't just accept that they should be only making money from the rent itself. And it is all of them in London.

Good luck.

[Bluey]

Phone Shelter and ask for advice, then come back to the forum and let us know what the experts advise. They have a free helpline for tenants.

If the fee is in your contract, I wonder how you can escape something that you reviewed and signed of your own volition.

I accept the point unfair clauses are unenforceable but check-in/check-out and admin fees that are explicit in a contract sound pretty fair to me. At the end of the day, it's a fee for an inspection.

I also accept the point that deductions from a deposit that aren't supported by an inventory are easy to challenge in court - the judge usually finds in the tenants favour if the landlord can't prove the change in condition of the property.

The 10 day period for the return of the deposit are for those that are held in the Tenancy Deposit Scheme and this applies to all ASTs in England/Wales that are issued after 06 April 2007. Landlords are obliged to protect deposits that fit this criteria and are punished for non-compliance when taken to court by having to pay back x3 the sum of the deposit to the tenants as compensation.

http://www.direct.gov.uk/en/TenancyDeposit/

For ASTs that were produced before that date (TDS is not retrospective)., a landlord is permitted 'reasonable' time to repay the deposit and up to a month could be considered reasonable if they have to get quotes to support their deductions.

You cannot take a landlord to court via the small claims court unless it's a last resort and you can prove you've tried to negotiate. The HM court moneyclaim online site or Shelter provide template letters you can use to send a final 'letter before action' to give the landlord an opportunity to return the deposit before legal action starts.