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Jo W
Jo W, Solicitor
Category: Property Law
Satisfied Customers: 42
Experience:  Expert in property law including landlord and tenant
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I signed my room contract in August 2019. My contract said

Customer Question

Hello, I signed my room contract in August 2019. My contract said that I'll be charged 90£ check out fee (which was banned in July 2019). Can my landlord still charge me this fee today?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: I asked him not to charge me this fee as it's illegal to do so. I was told that contract is binding and I have no choice or say in this
JA: Where is the property located?
Customer: London
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: My landlord didn't provide any information about deposit protection scheme they've Used
Submitted: 12 days ago.
Category: Property Law
Expert:  Jo W replied 12 days ago.
Hello. My name is ***** ***** I am a solicitor here to help you with your question.
Customer: replied 12 days ago.
Thank you for getting back to me
Expert:  Jo W replied 12 days ago.

Hello. Hopefully I can help.  You are correct these check out fees were banned as from tenancies starting on 1 June and most private tenancies starting after that date.  The law as in force from 1 June 2019.  If for any reason it di not apply then then it applies from 1 June 2020 regardless of when the tenancy started.  So, on all counts the Tenant Fees Act 2019 i protects you in your situation.

The problem is clearly that they are seeking to reply on the Tenancy Agreement and think that takes precedence - it doesn't.  When the law came in force is when it applies.

You mention that you did not get proper information about the TDS scheme.  You should have received something so I would check and go back to them for the details.  The Tenant Deposit Scheme should be the means you use to sort this problem out with the landlord so they must have this information.  As a final resort there is the Property Ombudsman Service which deals with these types of queries but only usually if resolution under the TDC has not been successful.

I trust that this is of some help and you can at least set out your position clearly.  Do let me know if I can help further.

Customer: replied 12 days ago.
Thank you for this answer. And they're trying to charge me for "damaged" bed frame. I had inventory in or out, no pictures taken or anything like that. Can they still charge me for it?
Expert:  Jo W replied 12 days ago.

Hi.  Essentially they need to prove the damage - what it was like and what it is like now.  It sounds to me that once you have a the pieces etc and charges you refer it all to the Tenancy Deposit Scheme.  (If they took one out) because that is the whole point to have a fair position at the end of the tenancy.

Customer: replied 12 days ago.
Thanks for your help. Have a good day.