Holding fees - acceptance of children

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    Holding fees - acceptance of children

    Can an agent accept a holding fee then let the property to people who view later that day.
    Also I have just lost a second rental property because the landlord did not want
    children living in the house. The agent knew of this but neither put it in the advertisement or informed me verbally even though she knew we have two children. I only found out after completing the forms and leaving a holding fee,which she was about to bank when I returned to collect it.

    #2
    Originally posted by Zoe McCune View Post
    Can an agent accept a holding fee then let the property to people who view later that day.
    Also I have just lost a second rental property because the landlord did not want
    children living in the house. The agent knew of this but neither put it in the advertisement or informed me verbally even though she knew we have two children. I only found out after completing the forms and leaving a holding fee,which she was about to bank when I returned to collect it.
    If you have not signed a contract with the agent to find you a property then the agent cannot keep your holding fee.

    Even if you have signed such a contract, it is usually only the case that the agent can keep the fee if you back out, or if the property offered you turns out to be unsuitable (or you to the LL), because of something you did not reveal when you registered.

    The agent cannot keep a holding fee because they (the agent) have made an error - which seems to be the case here.

    Demand your money back - if agent refuses, send a letter before action, copy to the LL if possible, advising the agent you will sue them for it. It is not difficult (and the letter usually works anyway).
    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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      #3
      The point of a holding fee is that the property is removed form the market, ir they hold the property for you! I agree with MTG that you need to call the agent and demand the money back as they have no right to with hold it.

      There has been no loss with regards to the second agent... I would be avoiding both however!!!
      GOVERNMENT HEALTH WARNING: I am a woman and am therefore prone to episodes of PMT... if you don't like what I have to say you can jolly well put it in your pipe and SMOKE IT!!

      Oh and on a serious note... I am NOT a Legal person and therefore anything I post could be complete and utter drivel... but its what I have learned in the University called Life!

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        #4
        See this post about holding deposits etc. by one of our legally qualified members http://www.landlordzone.co.uk/forums...90&postcount=1

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