Guarantor becoming tenant and tenant becoming permitted occupier..?

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    #16
    Hello again

    There is some documentation with my dad that acknowledges receipt of the £300.00.

    I'll get it back from him and pore over it but at first pass it seems to just acknowledge receipt of the money in return for taking the property off the market until they and the landlord are satisfied that we pass the required checks. We did fail the checks but that happened a week and a half ago and they still tried to proceed with the revised agreement as per the previous posts.

    I have an e-mail from the agent stating that the reason they are putting the property back on the market is because I took too long to come back to them about whether we could go for the revised agreement. In reality it took me three hours to get a response form the council and they took four working days to give me the documentation I needed to do be able to get that answer.

    They certainly don't say it is forfeit if I don't stick to deadlines that they haven't communicated to me....

    I think I am justified in seeking a partial refund on those grounds and as a result of the costs not being reasonable. It definitely hasn't cost them £300.00 to do two checks and any further admin. costs are of their own creation as a result of suggesting the weird tweaks to the tenancy agreement and then applying arbitrary deadlines to the checks I am forced to make as a result of the changes they made....

    Whether that will add up to much in the face of them saying we failed the checks remains to be seen but I have to go after it - otherwise they could do this to someone else. At the very least they have to change their documentation to include more info about the conditions under which they would keep your AHD....

    Does it make sense to pursue it...? I feel like I have nothing to lose.

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      #17
      So it seems you have an agreement with the agent which is enforceable as a contract.

      The terms of that agreement seem to be:

      a. you pay £300 as a holding deposit; and
      b. in return the agent the take the property off the market.

      In addition:

      c. if you walk away, you lose the £300; and
      d. if LL or agent walks away, you get your £300 back.

      I think the referencing is irrelevant given the apparent arranagement. The LL / agent has walked away, and therefore you are entitled to your money back.

      I would explain to the agent that the emails, receipts etc evidence a contract on those terms, and they have now breached that contract, because they have not refunded your money. Accordingly they owe you a £300, and you are entitled to that money back + damages.

      In the event the agent denies a contract exists between you, then simply demand your depsoit back - if there was no contract, it is your money still.

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        #18
        Thanks Dominic - its very reassuring to hear that as I pretty much outlined that to them today and told them I would not be able to take no for an answer.

        They kindly informed me that it was my right to seek legal advice but as far as they were concerned the case was closed...

        Sadly, reasoning with them has not worked, pointing out they have acted illegally has not worked, demanding my money has not worked...

        I am just weighing up now the relative merits of sending various letters to my friends at the local papers, or pursuing it through the courts and having to pay legal fees...or both.

        What a nightmare.

        Thanks so much to everyone for the input - I'll let you know if anything good ever comes from it. My poor sainted father has had to extend his tenancy at his current place, 250 miles from us, and to add insult to injury they have required him to sign up to another three months AND put up the rent.....Onward and upward!

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