Flat rental costs not as advertised

CuriousMeerkat

Hello,

I have paid around £170 in fees to a letting agent to go through the credit check process, based on viewing a flat and the information provided in the advertisement. I have not signed the AST agreement. It turns out that part of the information provided in the listing on the website was incorrect, and that there are £25 pcm water rates on top of the rent (whereas the advert said they were included in the rent).

I have a copy of the listing to prove this. When I left it today, the agent was going to contact the landlord to see if they would let it to us as per the advert. Whether they admit to the landlord that they actually made a mistake or whether they make out that I am just being cheeky and trying to get the flat cheaper, I do not know. I'm not holding my breath. Now the fees that I paid for the credit checks etc are normally non-refundable if you back out, however with this new information I can no longer afford to rent this flat. What rights do I have with regard to getting this £170 back? If I try to find somewhere else I'm going to have to pay for these checks again, so I really need it!

Thanks in advance for your help. The letting agent is not a member of ARLA, but is an established family business of around 25 years.

CM

BitterAndTwisted

I suspect the landlord would probably be happy to cough up a measly £25 a month if they think you're going to be a reliable, decent and trouble-free tenant but you have to admit that you might have set the tone for what you're likely to be like, long-term. In the big scheme of things it's not much money versus a void.

What is truly troubling is that you cannot afford the flat if you do have to pay the water-rates. This strongly suggests to me that you can't afford this flat at all and I'd encourage you to think again.

It's a strong possibility that the agent and the landlord will take the view that as their own expenses entailed with taking out the credit-checks are non-refundable then yours have to be as well.

CuriousMeerkat

BitterAndTwisted wrote: »

I suspect the landlord would probably be happy to cough up a measly £25 a month if they think you're going to be a reliable, decent and trouble-free tenant but you have to admit that you might have set the tone for what you're likely to be like, long-term. In the big scheme of things it's not much money versus a void.

What is truly troubling is that you cannot afford the flat if you do have to pay the water-rates. This strongly suggests to me that you can't afford this flat at all and I'd encourage you to think again.

It's a strong possibility that the agent and the landlord will take the view that as their own expenses entailed with taking out the credit-checks are non-refundable then yours have to be as well.

Perhaps 'can't afford' was the incorrect term. 'Willing to pay' is closer. I was looking at flats for £600 pcm. This one was listed as £625 including water rates, which I figured was cool as I liked the flat. I have already budgeted for the council tax, phone, broadband, food and electricity (no gas) etc. Now for it to end up being £650? That is more than I am willing to pay. There are many other things I would like to spend that additonal £300 per annum on.

I don't think the landlord should shell out anything at all. They did not market the flat incorrectly, this was the fault of the agent. As far as I am concerned I entered into this on false information provided by them, so if the actual circumstances dictate that I can no longer go ahead with the tenancy, then I should be reimbursed the costs I have incurred from their mistake. Of course, it doesn't matter what the hell I think - just what my rights actually are in this situation.

I don't quite get what you mean when you said I may have set a tone? All I have said at the moment to them is that the tenancy agreement they sent for me to sign did not mention the water rates in the monthly rental charge. It was at this point the confusion first came to light.

PasturesNew

That rent and you can still afford to eat. I'm impressed.

You're right, it's the principal, however, I'm surprised the agent didn't cover their 'arris on this one with a big disclaimer about the details not necessarily being correct.

BitterAndTwisted

It's only £25 quid a month! In your position, if the flat is exactly what you want, I wouldn't dream of pulling out now and flushing that £170 credit-check fee down the lav. I just don't get it

Smi1er

I surprised you offered the asking price for the Rent?