Letting agents ripping my son off

spikyspiky

Hi all,
Long story short, my son in his wisdom paid £500 to a letting agent for a credit check for 2 people with the remainder to be used to "secure a property" whatever that means. The first property that was secured fell through and now the landlord of the 2nd property has decided to move his family in instead. My son has already given notice in his current flat and will be homeless from Friday (His current flat already re let). The letting agents are refusing any kind of refund saying that as the landlord pulled out its not their problem. He cannot afford to lose this money. He cannot afford to go to another agent without it. Obviously he has to pay for credit check but surely as the agents have failed to secure a property they have no reason to withold the rest of the money?
Can anyone help?? Thanks

CloudCuckooLand

Depends what he signed. Did he read what he signed?

BitterAndTwisted

Usually letting agents will charge a "holding fee" to secure the property and not show it to any other prospective tenants pending the credit-checks coming back. It seems to me that these particular shysters haven't actually secured anything so your son should ask for that amount to be refunded. I'd sit in their office and make my request in my loudest voice at their busiest time of day.

G_M

Definately need to read what he signed, however I would suggest if the LL withdrew the offer of the property as a result of the credit checks, then he would lose the cost of those credit checks but should get back the 'secure the property' element.

If the LL changed his mind about letting the property, then the full £500 should be returned (or used towards credit checks for a future property).

Read the agreement then put your concerns and claims in writing to the agent.

theartfullodger

It all depends on what he signed & what the receipt says..

fyi credit checks typically cost between £8 & £30/person...

spikyspiky

Thanks Bitterandtwisted,
That is exactly what i would be doing if they were 200 miles away. I have no problems doing that but my son is not as @rsey as me. Although I think he'll have to be if he wants it back.

spikyspiky

G_M wrote: »

Definately need to read what he signed, however I would suggest if the LL withdrew the offer of the property as a result of the credit checks, then he would lose the cost of those credit checks but should get back the 'secure the property' element.

If the LL changed his mind about letting the property, then the full £500 should be returned (or used towards credit checks for a future property).

Read the agreement then put your concerns and claims in writing to the agent.

They passed the credit checks, the reason given was that the landlord wanted to move his family in. That was last Thursday. They've been waiting to move in for 3 weeks prior to that.

firstaspect

You need to see the contract that your son signed as it should mention the terms & conditions of the money that was paid.

spikyspiky

he tells me all he signed was the application. No contract. The reciept says the following : It has their names and addresses on and says "Bankers Draft ******** Building Society, in respect of ***(House name and number) subject to contract, non refundable admin £176.25 and non refundable reservation fee £250, and its signed.
The house name and number is actually the address of the first property. Apparently the agents transferred the resevation money to the 2nd property. There was no new receipt given.

tbs624

LAs are unregulated - they need no training or quals before setting up in business and they frequently spout utter twaddle.


Avoid LAs who ask for holding deposits.. Your son has fulfilled his side of the deal and the LA/LL has not kept to theirs. If the LA is out of pocket then they should look to the LL.

Firm letter requesting return of money in full - they can type the word non refundable as many times as they like but OFT guidance is that in these circs the LA should refund the whole lot so try the Trading Standards Office if no joy from the LA , or a claim via the small claims court. Name and shame them at allagents.co.uk

citizen11

Expecting a letting agent to behave properly is a waste of time.

The best way to deal with them is from the premise that they intend to steal your money and try to minimise the amount.