Here is a question to the blog clinic from Chris who is a tenant
Our landlord is trying withhold two fees from our deposit. First, a “check in for new tenant fee”. Second, a “landlord administration fee” for marketing the apartment. Neither of these fees are covered in our lease.
From my understanding the only amounts that can be withheld from a deposit are damage, cleaning and unpaid rent.
Also, that it is unlawful to withhold any fees or commissions. Is this true? If so is there a statute that I can reference?
Any help would be greatly appreciated.
Answer
To find out what your landlord is authorised to deduct from your deposit you need to look at your tenancy agreement – as you have done.
If something is not in the tenancy agreement then a landlord is not entitled to deduct it. If there is no tenancy agreement, or if the tenancy agreement does not contain a clause saying what he can deduct from the deposit, then he cannot deduct anything and you are entitled to the return of the whole deposit.
Normally the tenancy agreement clause will provide for you to be liable for any costs to the landlord incurred if you break the terms of the tenancy agreement in some way. This will include unpaid rent as payment of rent is one of your obligations under the tenancy.
From what you say it sounds as if your landlord is trying to charge you for the costs of finding a new tenant to replace you. This is completely out of order and even if the tenancy agreement did provide for this, it is arguable that it would be an unfair clause and therefore unenforceable.
If the landlord insists on making this deduction then you should ask for the matter to be referred to your tenancy deposit scheme adjudication.
We don’t know if the tenant left before the fixed term was up.
Complete nonsense from the Landlord or his agent unless you left early, without notice or agreement to accept early surrender by the Landlord. No way can deductions relating to these issues be deducted from a deposit even if an agreement says they can.
I wd just laugh at any landlord that did try putting that in my contract. The tenancy contract cannot weaken the tenant’s statutory rights in law; only enhance them.
On that note, if the tenancy agreement made no mention of taking deductions, wouldn’t the law re deposits still entitle the landlord to make any (that they deemed appropriate) Tessa?
Re your para:
“To find out what your landlord is authorised to deduct from your deposit you need to look at your tenancy agreement – as you have done. If something is not in the tenancy agreement then a landlord is not entitled to deduct it.”
@Rent Rebel
A landlord cannot deduct whatever he likes
1. It has to be authorised by the tenancy agreement
2. Even if it is authorised by the tenancy agreement it must not be something ‘unfair’ under the unfair terms regulations.
So if there is anything questionable, the tenant must ask for the case to be referred to adjudication as the adjudicators will not allow an unfair deduction to stand (or should not).
As a rule, the landlord wouldn’t get very far claiming for costs not permitted by the tenancy agreement. This is one of the first things an adjudicator will look at if referred for adjudication and if it isn’t permitted by the agreement, the landlord’s claim will fail.
Ben Beadle
Director of Customer Relations
TDS
A tenant should take a practical approach and consider if the landlord’s claim is valid (here it looks like it isn’t based on the information provided).
Indeed, if it is then it is simpler and cheaper to just agree to a deduction from the deposit rather that getting sued and losing.
My first thought was like Ian’s – these were probably re-letting fees to release the tenant early and nothing more sinister.