I need some info about a problem.

damienj87

Basicaly, my girlfriend and i found a property to let on rightmove, so i rang the estate agent advertising the property. We arranged a time for a viewing, who i would be met by the current tenant, he showed me around and explained why he was moving. So i ring the estate agents the following day to apply, they said i would have to come down, pick up 2 reference forms (Homelet forms), fill them in and hand them back in when completed. We did that, which cost us £150!! This was last friday.

Today my girlfriend recieves a phone call from the estate agents to say that the current tenant is not moving out now... So im asking, is this unlawful to advertise a property to let and request money to apply for a property when in reality it isnt available to let. Because im assuming the current tenant hadnt even given his notice, or if he did, can he withdraw his notice? And can a landlord supply information allowing the rental of their property to be advertised when infact it is not available to rent at all?

I need to know what i can do about this, if anything at all. I feel we have been completely misled and am now £150 down.

Thanks in advance.

PasturesNew

You will get your £150 back.

Advertising places to let before they are actually vacant/let is the way they do it these days... it's annoying. Years ago you'd see the place when it was empty and could even move in the same/next day without any trouble at all......

Werdnal

If the property is no longer available, you ask for your money back!

G_M

It is common practice to show new tenants round properties where current tenants are due to move out.

This obviously minimises the 'void' period between tenants.

Nothing illegal in this.

If the current tenant changes their mind, this is beyond the landlord/agent's control - he cannot force the current tenant to leave without going to court.

However
a) this is inconvenient for you and
b) clearly you should get back everything you have paid out. Do not be fobbed off with "we spent your £150 on Homelet fees."

damienj87

PasturesNew wrote: »

You will get your £150 back.

Advertising places to let before they are actually vacant/let is the way they do it these days... it's annoying. Years ago you'd see the place when it was empty and could even move in the same/next day without any trouble at all......

Thanks for the quick reply.

Surely you cant advertise and request money for a property that was never available to let in the first place though? Isnt there a law against that? It would be nice if there was something i could use or say incase the agents try and fob me off with some bull as to not pay us back the money we paid.

damienj87

G_M wrote: »

It is common practice to show new tenants round properties where current tenants are due to move out.

This obviously minimises the 'void' period between tenants.

Nothing illegal in this.

If the current tenant changes their mind, this is beyond the landlord/agent's control - he cannot force the current tenant to leave without going to court.

However
a) this is inconvenient for you and
b) clearly you should get back everything you have paid out. Do not be fobbed off with "we spent your £150 on Homelet fees."

Thank you, this has helped. Dont worry, i wont!!

tbs624

OP - *write* to the LA, and retain a copy. Keep it brief and factual and say that you are formally requesting the return of all monies paid out by you, and request payment within 5 working days.

If no refund forthcoming/no suitable response then send a second letter, clearly headed "Letter before Action", telling them that you will proceed to the small claims court and will also seek reimbursement of your court costs.

Check too whether this LA is voluntarily signed up to ARLA, NALs etc and trawl through the relevant code of practice so that you can raise a complaint there too if necessary.

Depedning on the outcome you may want to add a review of the LA at www.allagents.co.uk

Let us know how you get on.:)