Estate Agent ripping us off?

kate_d

Hi all,

This is my first post here, though I've been browsing the forums a lot and really like the advice that gets given.

Here's my problem - myself and my bloke are moving to London and we're renting a flat through an estate agent. We've already paid our 6 weeks deposit. Yesterday we went to pay the first month's rent plus the agency fee, and sign the contracts. We duly signed, and then wrote the cheque for the balance. Only at this point did the estate agent then tell us the cheque should actually either be cash or a bankers' draft for cleared funds (yeah, cos I really would like to carry over a grand in cash around in London!). Okay, so maybe it was naive of me not to anticipate that, but I haven't rented a house for a long time - I own my own place and am in the process of renting it out.

Anyway, the situation seemed therefore to be either:
a) we have a tenancy agreement, therefore give us the keys, or
b) the tenancy is not yet in effect, therefore give us the money back for the days we don't have the keys and we'll start paying rent from when the cheque clears.

Not so, it seems. We asked then if we could post-date the contract and start paying rent from when the cheque clears and we actually get the keys. They said no. We asked could we have the money back. They said "get a lawyer". They insist they told us to bring cleared funds (like THAT would've slipped my mind! We travelled 120 miles by coach to get there...).

So, are they being unlawful, or merely dishonourable? I'd like to say they give estate agents a bad name, but actually they're just conforming to type (with apologies to any nice, conscientious estate agents out there).

silvercar

Think of it from the other view. You have not given cleared funds so the landlord or the agent doesn't yet have your money. You could (i'm not saying you personally) cancel the cheque the minute you walk out of the estate agents office.

kate_d

Yeah, I know, I had thought of that, but they already have six weeks deposit from us, so surely that would count as something?

hechizero

Only at this point did the estate agent then tell us the cheque should actually either be cash or a bankers' draft for cleared funds (yeah, cos I really would like to carry over a grand in cash around in London!).

Yes normally this is the only form of tranfer the will take. Were you not able to then go and draw the balance in cash at a bank branch? Either way if you go up against an agency you will loose. So you have to be as nice as possible else they abuse you. The agency has no obligation to you and there is no use trying to recover lost days rental or to negotiate a new contract in your favour. The only way out is to hand over the cash.

Sorry about that. These guys are usually scumbags and there is no getting around it.

Debt_Free_Chick

hechizero wrote:

Sorry about that. These guys are usually scumbags and there is no getting around it.

Precisely what you want if you're landlord (or a seller) and you want to be sure that you have bona-fide tenants (or buyers).

Remember ... they are getting the best deal for the landlord and if you were a landlord, you want them to insist on cleared funds.

kate_d

Unfortunately it was 4.45pm when we actually signed the darn things (stuck in motorway tailbacks otherwise we'd have got there sooner) so we couldn't get the cash that day, and we had to return home last night.

I guess it's not worth pursuing then, but it's the principle of the thing (as well as 171 hard-earned quid).