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moener

880 Pounds For Nothing?

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hello,

I m new in this forum and hope to find some help due to my concern.

ok, let s start..

My girlfriend searched for a flat for sharers (5 persons) in the internet and also found one.

But this property was managed by a letting agency.

Nevertheless she contact the agency and made an appointment to view the flat.

She wanted the flat now and so the letting agent told her to pay 480 pounds(the amount of 1 week rent) for taking property out of market.

She did so!

He also gave her forms to be filled out by her and all flat mates.

The agent also told her to find a guarantor.

One week later...

She went to the agency office and handed in the filled out forms and a possible guarantor.

And she had to pay 400 pounds agency fee.

A few days later the agent contact my girlfriend and said there is something wrong with the guarantor..

But there is another possibiltiy... doing 1 year contract and paying the rent 6 months in advance.

My girlfriend said that 6 months in advance is too much and she tried to negotiate.

So she and the letting agent arranged 6 month contract and 3 month rent in advance.

The letting agent said he will try to negotiate this with the landlord for her, but nevertheless the landlord wants copies of their passports(they are non eu citizens). My girlfriend gave him the passport copies.

That s it! The agent not contact her anymore.

Then I went to the agency office and met the agent there and asked him what s going on.

He said that they not get the flat, landlord is not happy with them.

I asked about the 480 pounds back for taking property out of the market!

He said no! But I know he not took the property out. And I also checked the property and there were new tenants in immediately! I told him all this. But he just said, " That s life!" I asked him if this is his last statement and he said yes and I left the office.

Is he right? I cant or my girlfriend cant claim the 480 pounds back?

Thanks a lot!

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hello,

Is he right? I cant or my girlfriend cant claim the 480 pounds back?

Thanks a lot!

Surely the "holding deposit" is to defray costs for the landlord in the even that the potential tenant pulls out, not because the landlord changed their mind. Similarly, the £400 agents fees ... what service was rendered by the agent.

I'd have thought there was a good case for reclaiming one if not both of these, however, I do not know the legal position. Hopefully someone else will come along and give you the lowdown on the law.

Edited by pootle

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Surely the "holding deposit" is to defray costs for the landlord in the even that the potential tenant pulls out, not because the landlord changed their mind. Similarly, the £400 agents fees ... what service was rendered by the agent.

I'd have thought there was a good case for reclaiming one if not both of these, however, I do not know the legal position. Hopefully someone else will come along and give you the lowdown on the law.

+1 although the holding deposit is more likely to be refunded than the referencing fees. Can't see any reason to keep the holding deposit if it wasn't taken off the market.

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I would want the referencing fees back as well, it wasn't the reference check they failed it was the landlord's decision.

The Op jumped through hoops with guarantor and paying a sum upfront.

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I would want the referencing fees back as well, it wasn't the reference check they failed it was the landlord's decision.

The Op jumped through hoops with guarantor and paying a sum upfront.

But the OP did say that there was 'something wrong with the guarantor'.

If the LL had just changed their mind then yes I would agree with you and as the LL would have had a verbal contract then the referencing fees would usually have been met by the LL.

My contract with the LL insists that they refund fees but only where the LL changes their mind about renting the property.

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hello,

thanks to everybody for answering.

I ll tackle the letting agency about this case again.

let's see what will happen.. i ll post it here.

oh before I forget.. due to subby.

my girlfriend paid with debit card.

she got receipts and I still keep them.

sorry that I reply late, I' m not often online.

cheers

moener

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Go to the police as Subby said. Also visit the Citizens Advice Bureau as they will also be able to give advice (free). There are also some solicitors who give 10 minute consultations free of charge.

You have a good case for a small claims court claim (it costs you £75) as as far as I can see the agent has not been clear in their process

Firstly did you sign a contract with the agent? It needs to spell out the costs involved, they can reasonably charge you for referencing fees (up to £110 a person which is still silly in my mind but a court may argue otherwise) however if you fail to get the appropriate reference they can not charge you for completing the contract which it appear they have

Secondly the court takes a dim view of holding deposits and they should be conditional on a sucessful reference and returnable unless you decide to pull out, my view is that a court would seek the return of this in your case

You have lost a large amount of money because of a con, start small claims proceedings ASAP, it is easy, but write them first and tell them you are taking court action and get CAB to help you out, they are very good

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