Letting agent disappeared off face of planet with tenant's deposit

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    #16
    If the agency doesn't have CMP then it might make the Directors personally liable, but I have no knowledge of this.

    Also have a look at this link: Object to a limited company being struck off - GOV.UK (www.gov.uk)

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      #17
      Thanks - i already checked Companies being struck off and it hasn't been filed yet.
      I checked the CMP and the business is listed as an expired member of Client Money Protect (and not listed for any of the other 5 schemes). I also found it listed with The Property Ombudsman Service (the redress scheme), so next port of call is with these two organisations.

      Thank you to all commenters helping me on the way! At least I know next steps! Thank you

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        #18
        let us know how it goes please would be great o hear of a success story, also you are able to prevent the company being struck off

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          #19
          ingssss,

          I would go to his offices.

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          • Tenant vs licensee
            by Ven
            Hello,

            Long storry short, ive paid booking fee to one agency, and after finishing reference checks they send me agreement, where im being described as licensee and they as licensors.
            This wasnt mentioned anywhere in the spareroom advertisement.
            is it possible to cancel the booking...
            16-08-2022, 13:47 PM
          • Reply to Tenant vs licensee
            by doobrey
            Agree with the above.

            Ven, I would advise you to politely but firmly request immediate refund of the fee that you paid. If there is resistance, quote the Tenant Fees Act 2019.

            Assuming that the agency you have been dealing with is a letting agent, it is required by law to be...
            17-08-2022, 10:24 AM
          • Reply to Tenant vs licensee
            by jpkeates
            Not only are you right (and I am, therefore, wrong), but I've made the same mistake before.

            Apologies!
            And thanks for the correction....
            17-08-2022, 07:15 AM
          • Reply to Tenant vs licensee
            by DoricPixie
            The Tenant Fees Act 2019 does not just apply to Assured Shorthold Tenancies. It also applies to licences to occupy so providing we are talking about a property in England you should not have been charged for the reference check. The penalty for a first offense of breaching the Act can be as much as...
            17-08-2022, 06:45 AM
          • Reply to Tenant vs licensee
            by doobrey
            It is a strange setup if an agency is describing themselves as a licensor. Generally, an agent acts for a landlord (or perhaps licensor). Typically they do not let their own property. Some do, but in that case they are a business and seem very unlikely to be a resident landlord, in which case a lodger...
            17-08-2022, 06:00 AM
          • Reply to Tenant vs licensee
            by jpkeates
            I don't think they can object if you say no, it's not what you thought it was from the advert.
            I don't think they can do anything (other than maybe not rent to you in future - but I don't see why they would do that, I'd bet this has happened before).

            I'd ask for a draft tenancy agreement...
            16-08-2022, 16:51 PM
          • Reply to Tenant vs licensee
            by Ven
            How can I peacefuly decline to sign their offer?
            is there anything they can do to harm me?
            how can i stop this occuring in the future? Perhaps i would need to ask to see draft of tenancy agreement before paying holding deposit?...
            16-08-2022, 16:32 PM
          • Reply to Tenant vs licensee
            by jpkeates
            No, but I think you're overthinking it.

            If they have the right to enter your room at any time, it is trying to be a licence agreement, not an tenancy.
            But my guess is that they make their money letting rooms not taking fees for referencing or non-returnable deposits (although they'll...
            16-08-2022, 16:27 PM
          • Reply to Tenant vs licensee
            by Ven
            Thank you for this response.
            i agree with you. The contract they send me includes many different behaviour violation, which would result in termination of the contract, also they have the right to enter the property and the rooms at any time without any notice..
            all that just indicates to...
            16-08-2022, 16:20 PM
          • Reply to Tenant vs licensee
            by jpkeates
            Technically it doesn't matter what the agreement says it is, the reality is what determines if its a tenancy or a licence.
            But that won't help you if they lock you out in the rain one day because you've upset them somehow.

            They sound a bit dodgy to me, so I'd walk away.
            Whether...
            16-08-2022, 16:04 PM
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