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  • FIRST POST
    • dranzer01
    • By dranzer01 7th Oct 16, 11:02 AM
    • 171Posts
    • 32Thanks
    dranzer01
    Lost my job - lettings not willing to...
    • #1
    • 7th Oct 16, 11:02 AM
    Lost my job - lettings not willing to... 7th Oct 16 at 11:02 AM
    So let me keep this succinct -

    me and my flatmate signed a pre holding deposit agreement to take a property off the market

    we then had to pay a further 500 (250 each) for referencing -

    the referencing agency called me and said 'is my contract going to be renewed or will it go permanent' i informed them there were talks about this with my manager a few weeks back, and she said they were looking to renew it -

    fast forward - i email HR at my company asking them for clarity as to when my contract will be extended/renewed.... next thing i know (a day or 2 later) im brought into the meeting room with my new manager and woman from hr and they said 'they wont be renewing it... and for me to leave that day with effect 1 weeks notice/pay'

    (as you can imagine my head was in a whirlwind.... how can this JUST happen to me, when im looking to move out....????)


    so now ive gone back to the lettings agency informing them of this, and they are saying to me 'well you know... if you have lost your job or you cannot get a guarantor or you cannot stump up 3 months worth of rent upfront, you will fail the referencing check, thus making the £1,000 non refundable!!!!

    THIS CANNOT BE ETHICAL/MORALLY RIGHT....

    is there anyway I can get this £1,000 back for me and my flatmate (as im the one who has lost the job.... its not like i said no we dont like the property)

    Is there any case laws/statutes I can quote in my letter to the estate agency?

    For kindness, I am willing to give the landlord no more than £200 for holding the property... but by no means is the agency keeping £1,000, how the hell is this right for someone who has just lost his job.....?


    Any help on this would seriously be beneficial!!


    Thanks!
Page 2
    • Guest101
    • By Guest101 8th Oct 16, 1:23 PM
    • 11,958 Posts
    • 11,406 Thanks
    Guest101
    £250 is really high for referencing. I think I usually pay a third of that. I'd be tempted, in the OP's position, to ask for proof that that's what the agent actually paid the referencing agency.

    Likewise, if the landlord does not have a vacant period because he finds a tenant quickly, there is no loss, and the holding deposit needs to be refunded.
    Originally posted by GDB2222
    Neither of those have any relevance on the legal position
    • pmlindyloo
    • By pmlindyloo 8th Oct 16, 1:30 PM
    • 9,950 Posts
    • 11,716 Thanks
    pmlindyloo
    I definitely feel now, thinking on it, getting rid of me on the same day without 1 months notice is wrong... thats something i need to look into

    /


    i also read 'the work - seeker would have to give 4 weeks notice... so i would have to give 4 weeks notice, but the company can get rid of me there and then... how does that work...?
    Originally posted by dranzer01
    This link might help you:

    https://www.citizensadvice.org.uk/work/work-comes-to-an-end/dismissal/

    Have your contract to hand as what is written in it plus statutory law is key.

    Once you have your letter from work then if you still feel things have not been done correctly then make an appointment with CAB.
    • Guest101
    • By Guest101 8th Oct 16, 1:32 PM
    • 11,958 Posts
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    Guest101
    Just to be clear OP, there is no unfair dismissal here, so the best is abit more payment in lieu of notice
    • ViolaLass
    • By ViolaLass 8th Oct 16, 1:45 PM
    • 4,715 Posts
    • 6,464 Thanks
    ViolaLass
    Can you not get a guarantor or pay 3 months up front? It would solve the problem.
    • GDB2222
    • By GDB2222 8th Oct 16, 2:43 PM
    • 12,862 Posts
    • 69,415 Thanks
    GDB2222
    Neither of those have any relevance on the legal position
    Originally posted by Guest101
    That's an interesting proposition. Why do you think that's so?

    If I'm paying for referencing, I should be paying what it costs. Otherwise, I'm paying for something else, like an illegal fee to the estate agent.

    Likewise, a deposit is to compensate the LL for potential loss through a vacant period. If he has no loss ... It's a deposit, not a fee.
    Last edited by GDB2222; 08-10-2016 at 2:45 PM.
    No reliance should be placed on the above! Absolutely none, do you hear?
    • Guest101
    • By Guest101 8th Oct 16, 2:57 PM
    • 11,958 Posts
    • 11,406 Thanks
    Guest101
    That's an interesting proposition. Why do you think that's so? - because it has no relevance.

    If I'm paying for referencing, I should be paying what it costs. Otherwise, I'm paying for something else, like an illegal fee to the estate agent. - explain how it is illegal. What makes you think you pay cost price. Do you question how much your phone actually cost to make? What about that take away you ordered last week?

    Likewise, a deposit is to compensate the LL for potential loss through a vacant period. If he has no loss - no a deposit secures the property subject to fulfilling terms and conditions. OP failed to do so and therefore lost the deposit.... It's a deposit, not a fee.
    Originally posted by GDB2222
    I'm afraid your position is fundamentally flawed
    • Guest101
    • By Guest101 8th Oct 16, 2:58 PM
    • 11,958 Posts
    • 11,406 Thanks
    Guest101
    The link applies to those in employment, whereas OP appears to be saying they are a contractor. dranzer can you clarify your employment status please? If you're self employed you've essentially signed away your employment rights for a bit more pay.
    Originally posted by Bogalot
    That is not the test for being employed / self enployed.

    I won't go into the details, as it's not relevant given the length of service.

    OP had no employment rights regardless of his or her status
    • marksoton
    • By marksoton 8th Oct 16, 3:37 PM
    • 16,281 Posts
    • 36,079 Thanks
    marksoton

    If I'm paying for referencing, I should be paying what it costs. Otherwise, I'm paying for something else, like an illegal fee to the estate agent.
    Originally posted by GDB2222
    Illegal? WTF?!

    I'm no fan of these fees but be sensible. A service is being provided and the person(s) doing so are fully entitled to make a margin.
    Change the bloody locks!
    • GDB2222
    • By GDB2222 9th Oct 16, 2:32 PM
    • 12,862 Posts
    • 69,415 Thanks
    GDB2222
    Illegal? WTF?!

    I'm no fan of these fees but be sensible. A service is being provided and the person(s) doing so are fully entitled to make a margin.
    Originally posted by marksoton
    The point is (and I apologise for not making it clear at the outset) that estate agents are not allowed to charge tenants for finding them a property. It's illegal. If, instead, they dress up these charges as referencing fees, that's illegal, too. There's no case law yet AFAIK.

    There's a class action suit being prepared by Casehub at the moment on this very point. Not too late to join if you've been fleeced.
    No reliance should be placed on the above! Absolutely none, do you hear?
    • Cakeguts
    • By Cakeguts 9th Oct 16, 3:08 PM
    • 893 Posts
    • 1,116 Thanks
    Cakeguts
    Could someone please explain where the figure of £1000 comes from? I can only find the £250 each for the reference fees I can't see why anyone paid £1000.
    • Pixie5740
    • By Pixie5740 9th Oct 16, 3:11 PM
    • 8,846 Posts
    • 11,846 Thanks
    Pixie5740
    Could someone please explain where the figure of £1000 comes from? I can only find the £250 each for the reference fees I can't see why anyone paid £1000.
    Originally posted by Cakeguts
    £250 each for referencing and then another £250 each as a holding deposit. I think...
    Last edited by Pixie5740; 09-10-2016 at 6:03 PM.
    Annual income twenty pounds, annual expenditure nineteen pounds nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds nought and six, result misery.
    • Pixie5740
    • By Pixie5740 9th Oct 16, 3:16 PM
    • 8,846 Posts
    • 11,846 Thanks
    Pixie5740
    The point is (and I apologise for not making it clear at the outset) that estate agents are not allowed to charge tenants for finding them a property. It's illegal. If, instead, they dress up these charges as referencing fees, that's illegal, too. There's no case law yet AFAIK.

    There's a class action suit being prepared by Casehub at the moment on this very point. Not too late to join if you've been fleeced.
    Originally posted by GDB2222
    Letting agents should not charge tenants for:

    * routine inspections during your tenancy
    * anything they also charge the landlord for
    * It's a criminal offence if a letting agent charges you to register with them or show you a list of properties to rent.

    Pretty much everything else is fair game in England & Wales.

    * Preparing the TA
    * Collecting references
    * Credit check
    * Right to rent checks
    * Inventories
    * Holding deposits.
    Annual income twenty pounds, annual expenditure nineteen pounds nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds nought and six, result misery.
    • GDB2222
    • By GDB2222 9th Oct 16, 3:35 PM
    • 12,862 Posts
    • 69,415 Thanks
    GDB2222
    Letting agents should not charge tenants for:

    * routine inspections during your tenancy
    * anything they also charge the landlord for
    * It's a criminal offence if a letting agent charges you to register with them or show you a list of properties to rent.

    Pretty much everything else is fair game in England & Wales.

    * Preparing the TA
    * Collecting references
    * Credit check
    * Right to rent checks
    * Inventories
    * Holding deposits.
    Originally posted by Pixie5740
    I agree with everything you say, except that if the charges you refer to as fair game are excessive then they are effectively charges for showing properties to rent. We'll have to see whether the class action progresses, I guess.
    No reliance should be placed on the above! Absolutely none, do you hear?
    • Pixie5740
    • By Pixie5740 9th Oct 16, 3:43 PM
    • 8,846 Posts
    • 11,846 Thanks
    Pixie5740
    I agree with everything you say, except that if the charges you refer to as fair game are excessive then they are effectively charges for showing properties to rent. We'll have to see whether the class action progresses, I guess.
    Originally posted by GDB2222
    No they're really not.

    Tenant wants to rent a property. Tenant finds a property and goes to view it. In other words the letting agency hasn't charged the tenant to show them a list of properties available to rent. The tenant has already viewed properties to rent, most likely online, before even contacting the letting agency.

    I don't think your class action has a snowball's chance in hell of succeeding. I guess time will tell.

    Shelter did have a campaign to end letting fees in England. Their petition gained enough signatures for it to be discussed in parliament but MPs decided nothing was to be done about the fees. Go figure.
    Annual income twenty pounds, annual expenditure nineteen pounds nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds nought and six, result misery.
    • dranzer01
    • By dranzer01 10th Oct 16, 11:48 AM
    • 171 Posts
    • 32 Thanks
    dranzer01
    Can you not get a guarantor or pay 3 months up front? It would solve the problem.
    Originally posted by ViolaLass


    of course it would solve the problem

    the other problem would be, when will i get a next contracting job or even permanent job.... thats the question


    (and now ive got my partner who i was meant to be moving in with stressing me saying she cannot afford to lose the £500.....)
    • dranzer01
    • By dranzer01 10th Oct 16, 11:49 AM
    • 171 Posts
    • 32 Thanks
    dranzer01
    The link applies to those in employment, whereas OP appears to be saying they are a contractor. dranzer can you clarify your employment status please? If you're self employed you've essentially signed away your employment rights for a bit more pay.
    Originally posted by Bogalot

    i am self employed/contracting
    • dranzer01
    • By dranzer01 10th Oct 16, 1:50 PM
    • 171 Posts
    • 32 Thanks
    dranzer01
    so i have just received an email from the lettings company -

    the boss himself ( i think he is) said 'we've been trying to work out a beneficial approach for all parties in this. As your flatmate has secured another tenant, we will be able to refund you the monies you have paid minus the reference fee '£78')

    so i should be getting back around £422 by the end of the week.................
    • Guest101
    • By Guest101 10th Oct 16, 3:17 PM
    • 11,958 Posts
    • 11,406 Thanks
    Guest101
    The point is (and I apologise for not making it clear at the outset) that estate agents are not allowed to charge tenants for finding them a property. It's illegal. If, instead, they dress up these charges as referencing fees, that's illegal, too. There's no case law yet AFAIK.

    There's a class action suit being prepared by Casehub at the moment on this very point. Not too late to join if you've been fleeced.
    Originally posted by GDB2222
    Burning my wallet would atleast provide me with a small amount of heat, supporting this class action ( based upon what you said ) is not even worth that
    • GDB2222
    • By GDB2222 12th Oct 16, 10:02 AM
    • 12,862 Posts
    • 69,415 Thanks
    GDB2222
    so i have just received an email from the lettings company -

    the boss himself ( i think he is) said 'we've been trying to work out a beneficial approach for all parties in this. As your flatmate has secured another tenant, we will be able to refund you the monies you have paid minus the reference fee '£78')

    so i should be getting back around £422 by the end of the week.................
    Originally posted by dranzer01
    That's very fair. I'm pleased that it all worked out okay for you.
    No reliance should be placed on the above! Absolutely none, do you hear?
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