letting agent refusing refund

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    #16
    forget about the house mate and move on!! Sit in the agents office until they return money telling everyone who walks through their doors that they are a shower of **** to rent from!!!

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      #17
      Thanks for the reply, it made me laugh! Will ring them today/tomorrow, they are advertising 2 other properties so will ask about them.

      Thanks.

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        #18
        letting agent refusing refund

        On the 3rd September we viewed a property, on the 4th we paid a holding fee to the estate agent of £360 for this property, with us supposed to be moving in on the 24th September. Landlord was living there, and was moving to their other property. It turns out the tenants in the other property wouldn't leave so they had to go through court. Got given a date of the 16th October for us to move in, that went wrong. Now been given a date of the 30th November, they are 100% sure I can move in there on that day. They were only at court on Tuesday the 20th, so thats 10 days later they are apparently going to be out. Landlord says they got a possession order, the tenants signed an agreement to be out with the courts and they have another property lined up and will be handing keys back on the 30th.

        Today I have asked the estate agents for a refund and have been refused as 'I can have the house in 8 days time whats the matter' type response. I have said they have broken their contract and that I have the draft contracts with the date of 24th September on and that they are in breach. Estate agent is saying I am pulling out as I don't want the place, I DID want the place, I wanted it 2 months ago! Why should I have to keep waiting, there is nothing saying the other tenants will be out on the 30th because they don't HAVE to leave until bailiffs get them out and that is potentially a longer wait again.

        PLEASE can somebody advise me on what to do, I am waiting for the estate agents manager to ring me. The landlord has rang me not very happy as they are convinced they will be out on the 30th for us to move in, I have said, even so I want a refund for them breaking the deal of us moving in on the 24th and the estate agent is saying its not going to happen. I have spoke to citizens advice who have told me to send letters to both stating they are in breach and I want a refund etc, problem is they keep saying 'but you can move in on the 30th' and I am saying I want a refund now as am not prepared to keep waiting.

        Advice please?!

        Thanks.

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          #19
          I would advise them that you are not pulling out. The contract is unable to be performed by the landlord so the contract has lapsed through frustration. Their client is unable to perform the contract as originally agreed and as a result you require the refund. If they persist in refusal you may wish to have a discussion with trading standards.

          Are they a member of any registered body such as ARLA?
          [I]The opinions I give are simply my opinions and interpretations of what I have learnt, in numerous years as a property professional, I would not rely upon them without consulting with a paid advisor and providing them with all the relevant facts[I]

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            #20
            I have told them I am not pulling out and that they are in breach, all he says is 'but you can move in on the 30th' Apparently the landlord has said they will find other accommodation for them self if the property isn't empty on the 30th...

            I don't know about ARLA, how do I find out?

            Thanks.

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              #21
              Check the agents website or any correspondence to see if they're affiliated with any professional body.
              [I]The opinions I give are simply my opinions and interpretations of what I have learnt, in numerous years as a property professional, I would not rely upon them without consulting with a paid advisor and providing them with all the relevant facts[I]

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                #22
                All I can see on their website is this 'estate agency business is a member of The Property Ombudsman (TPOS) and subscribes to its Code of Practice and complaints procedure'

                Is that like ARLA?

                Thanks for any help you give me, really appreciated!

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                  #23
                  It's not very clear whether you still intend to move into this property or not.

                  If not then I'd say that you are entitled to the holding fee back on the grounds that the original move in date has passed (twice) through no fault of yours.

                  If you do intend to move in then, imo, it's pretty cheeky (although may be legal) to ask for the holding fee back as they are holding the property for you.
                  There is always scope for misinterpretation.

                  If my posts can be interpreted in two ways, one that makes you feel angry and one that doesn't, I meant the latter.

                  Everyday is an opportunity to learn something new.

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                    #24
                    No I am not intending on moving into this property, I don't want to be messed around anymore but all they keep saying is 'but you can have it in 8 days' etc. I still think I am within my rights to say no I do not want to move in on that date because I want a refund due to being messed around etc, estate agent is saying then that is me pulling out, not them.

                    I have rang my bank and they are going to look into claiming the payment back because the services I paid for didn't happen. I have a form coming through the post I have to fill out so they can investigate. Citizens advice said I should do this.

                    Thanks.

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                      #25
                      Should have just added to your previous thread:http://www.landlordzone.co.uk/forums...e-day-of-court
                      Allow tenants to protect their own deposits. I want free money when they do it wrong

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                        #26
                        Originally posted by mk1fan View Post
                        If you do intend to move in then, imo, it's pretty cheeky (although may be legal) to ask for the holding fee back as they are holding the property for you.
                        No cheekier than taking £360 off someone on the promise they can have a property in September, then continuing to live in it yourself for two months or more!

                        OP, they have messed you about royally; there is no tenancy yet, only a contract to create one, which they have frustrated by their actions. I would demand my holding fee back (sue them for it through MCOL if need be) and walk away. All they can do is sue you for breach of contract (to create a tenancy) which in the circumstances would probably be laughed out of court.

                        On the other hand don't cut off your nose to spite your face; if you still want to live there, I'd hang on until the 30th and if the LL is still messing you about then, call it a day and demand your £360 back.

                        Have you also paid them a tenancy deposit yet?
                        '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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                          #27
                          Two related threads have been merged.
                          I also post as Mars_Mug when not moderating

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                            #28
                            Originally posted by b33tleju1ce View Post
                            No I am not intending on moving into this property,
                            In which case I agree that you should receive your holding deposit back.
                            There is always scope for misinterpretation.

                            If my posts can be interpreted in two ways, one that makes you feel angry and one that doesn't, I meant the latter.

                            Everyday is an opportunity to learn something new.

                            Comment


                              #29
                              If your LL phones the bailiffs early in the morning they might be able to get the bailiffs in quickly, on a cancellation.

                              I only know this because I'm trying to do this as I've got a tenant who wont budge.

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                                #30
                                No I do not want to carry on and proceed, and I am wanting a full refund. I don't want to wait 'til the 30th I just want it over and done with, I have had enough of it. Its ridiculous that they can even argue there side to keep it, I have done nothing wrong!

                                Will see what the manager says when she phones back.

                                Thanks for advice.

                                Comment

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