F'cking Foxtons!!!

[Disgruntled Biker]

Hi,

 

Me and my partner are due to move out in August after an 18 month lease with foxtons.

 

We recieved a letter today confirming the end of the tenancy on the correct date plus a note that we will be obliged to pay £99 for an inventory check out report as per clause blah blah blah of my lease.

When i checked this i found it stated that we must pay the agent/landlord the reasonable cost of the checking of the inventory.

I cant see how they can check it as we have never had an inventory.

According to Foxtons one was carried out, without our knowledge by a 3rd party after we moved in, and we have neither seen a copy or signed one.

After a phone call to Foxtons I was told they would forward a copy and that they considered it to be binding.

 

The 2 questions I have are -

1, Does anyone know what is considered reasonable as £100 seems excessive for someone coming round for less than half an hour (in my experience) to check the place over against a list.

2, Where do we stand with our deposit as there were some defects when we moved in which could easily be blamed on us if the supposed inventory clerk didnt spot them.

 

Any other advice on the above or our situation in general would be greatly appreciated.

 

Cheers, DB

[caledfwlch]

Hi,

 

Me and my partner are due to move out in August after an 18 month lease with foxtons.

 

We recieved a letter today confirming the end of the tenancy on the correct date plus a note that we will be obliged to pay £99 for an inventory check out report as per clause blah blah blah of my lease.

When i checked this i found it stated that we must pay the agent/landlord the reasonable cost of the checking of the inventory.

I cant see how they can check it as we have never had an inventory.

According to Foxtons one was carried out, without our knowledge by a 3rd party after we moved in, and we have neither seen a copy or signed one.

After a phone call to Foxtons I was told they would forward a copy and that they considered it to be binding.

 

The 2 questions I have are -

1, Does anyone know what is considered reasonable as £100 seems excessive for someone coming round for less than half an hour (in my experience) to check the place over against a list.

2, Where do we stand with our deposit as there were some defects when we moved in which could easily be blamed on us if the supposed inventory clerk didnt spot them.

 

Any other advice on the above or our situation in general would be greatly appreciated.

 

Cheers, DB

 

So they have admitted in writing that they effectively broke in after you moved in to carry out an inventory on the quiet? That might be a hammer to break over their heads! I think it is tresspass if they dont request permission to come in, and there is no urgent threat to the property.

 

I was also under the impression that an outward inventory would only be any good if you had agreed and signed the inward - otherwise how can they prove either way?

[Disgruntled Biker]

They only admitted over the phone they had carried out the inventory after we moved in and as far as they are concerned we did not need to be present though I also feel they have broken conditions by entering without our consent.

 

At the moment im just trying to find out where we stand because if the inward inventory is invalid then there is no need for an outward one or the £99 they want to charge.

Also £99 does not seem a "reasonable" fee for checking off an inventory.

[Disgruntled Biker]

Looks like we may be moving out sooner than we thought as a property hs become availible that we would be silly to turn down.

As such im still trying to fin out where we stand with this inventory and check out business.

The agents have still not been able to provide a copy of the inventory and I cant tell if this is a stalling tactic or whether they just dont have one.

Can they charge for a check out if there is no inventory as they have nohing to check out against and can £99 be classified as a reasonable fee if they do finally provide one?

 

Many thanks, DB

[MartinPC]

It is written in my tenancy agreement that I shall pay a specified monetary amount, circa £80, for the next inventory, the inventory for when I moved in was paid for by the previous tenants.

 

But some of these agencies make a real meal of it, my 'Your Move' inventory is of 52 pages, it's absolute waffle, and it took some 2.5 hours of inspection and then however long it took to type 52 pages.

 

But, the inventory was very innacurate, at best it was econmic with the truth and at worst it was a fabrication, and I needed to sign if I agreed or disagreed with it, I disagreed with it in 14 pages of Excel spreadsheet.

 

Surely a tenant's signature of the inventory taken is required!

[MartinPC]

P.S. In my experience they may only enter the property for the purposes of repair or to show prospective new tenants around and they should consult with the tenant accordingly.

 

I've never seen it in an agreement that the agent/LL may enter the property, during the tenacy and without having asked permission of the tenant, for the purpose of taking an inventory.

 

Have a read of your agreement to establish if they entered the property, as they say they did, legally or did they breach the agreement by doing so.

[jackieandwayne]

Its no good them doing an inventory after you have moved in. It should be done before you move in, and a copy of it together with photo's should have been available for you to sign to agree with it, when you met at the property for sign up. This hasn't happened therefore any inventory they think they have is worthless - ie., if at the end of your tenancy they want to start charging you for things, they will have to prove to the court that you have caused the damage - which they can't - end of. If I were you I'd kick right off, if they had entered my home in my absence and taken photo's of my belongings etc I'd go mental. (kick off in writing of course! )

 

Good luck.

 

In addition to that they had no right whatsoever to enter your home after it had been let to you, without your express permission. If I were you I would have the locks changed - if they grumble, well, people cant help losing keys can they?

[Disgruntled Biker]

Im wondering if it is an option to withhold the final months rent until the dispute is settled.

I realise this is an extreme option and may well be a breach on my part however as they have no valid inventory it will be easier to let them keep the deposit and pay them the extra i.e £750 deposit to be returned plus £350 from me to make the £1100 monthly rent than let them have the final month and be unable to get the deposit back.

 

On a seperate note I spoke to a different agent whilst attending a viewing on Monday who says Foxtons are not members of any voluntary regualtion scheme (as estate agents are not governed by a regulatroy body like banks and travel agents) and as such create teir own rules as they go along with no one to stop them.

Its all well and good him telling me their inventory, if there is one, is worthless but if they are free to do as hey please where does this leave me in the real world?

 

DB

[MartinPC]

I was taking legal advice from a solicitor yesterday regarding problems with my tenancy, when he suggested that I may incur the agent's legal costs and these may be, ultimately, deducted from my deposit I told him that I could not pay the final rent monies, to the monetary equivalent of the deposit, and because it wouldn't breach the 8 week rule then they wouldn't be able to issue a section 8.

 

He suggested that they could chase me for the monies, I replied "so what, they can chase me" and he laughed, he knew exactly what I meant

[jackieandwayne]

And, yes, MartinPC, you are quite right! But all a blessed nuisance for the landlord.

[MartinPC]

J&W,

 

I am both a landlord and a tenant, of different properties of course, so I can see it from both sides and I'm aware of a landlord's responsibilities.

 

The landlord and/or the agents of this tenacy are taking the p1ss, they know it and they know that I know it and that's the reason I proceeded with country court action against them yesterday for a reduction in the rent until they adhere to the tenancy agreement and put things right.

 

Meanwhile the rent payments are in arrears, due to the agents c0ck up and subsequent sheer bl00dy mindedness, and that was the subject being discussed with the solicitor as made mention of in my previous post.

 

I'm the only party that is adhering to the tenacy agreement!