Lettings Agent Making Unreasonable Demands - Plz Help!

anselld

corine39 wrote: »

We couldnt stick to the original date,

You could, but you chose not to.

scobbieboy

Kynthia wrote: »

These very experienced and knowledgeable posters have read the post properly, they just disagree with you. Just because the date was provisional doesn't mean the landlord will wait forever for the OP. The landlord is clearly unhappy with the new suggested move in date and is remarketing the property. Expecting the landlord to keep the property empty for weeks is costly and unreasonable.

What does the receipt for the £300 say? It is a holding fee or is it for credit checks? If it's the former you can try to argue that it's the landlord who is pulling out as you are still willing to rent the property.

UNFORTUNATELY BECAUSE PEOPLE POST ON HERE ON A REGULAR BASIS DOES NOT MAKE THEM EXPERTS!!

I am not suggesting that the landlord keeps the property empty for weeks!!!
Anyway two weeks is not a long time to keep the property empty!!

The fundamental issue remains that the landlord was given a PROVISIONAL start date and taken it as the ACTUAL start date.
By FULLY READING THE POST I would question the role of the agent!

As a landlord I fully expect that once my agent has found the tenant for one of my properties they would initial advise of a PROVISIONAL moving in date. I would then expect my agent to be in contact with myself and the tenant, on a regular basis, to confirm an actual date. If it moves by two weeks, or even three, providing all was ok with credit checks and references the so be it, this is far better than starting the marketing process again!!

To me it appears that the OP and the landlord have been the innocent parties, whilst the agent has taken the money without fulfilling their obligation to both parties.

tbs624

Sometimes it works out that you do just have to pay both a mortgage and rent or two lots of rent when the exit dates from one property do not tie in with the required start dates and there is a crossover period

However, If the LA/LL failed to make any contact after the OP offered a *provisional* date for the tenancy start then IMO they are [edit - on] shaky ground here. A professional LL/LA would have responded by confirming to the OP/potential T that dithering over a date wouldn't be possible and the tenancy was to start on x date. T then has choice to cough up or walk away.

The max charge for a third party referencing is circa 60 quid per T - LAs get bulk discounts on that and many use the cheaper checks around 30 quid.

OP in your situation I'd look at telling the LA that you'll cover the reasonable ref costs ( and ask for copies of the reports) but say that you are seeking the return of the rest of the moneys paid to them as they have failed to communicate fully and they have now re-offered the property. . Screen grab any relevant Ts and Cs from their website.

scobbieboy

tbs624 wrote: »

Sometimes it works out that you do just have to pay both a mortgage and rent or two lots of rent when the exit dates from one property do not tie in with the required start dates and there is a crossover period

However, If the LA/LL failed to make any contact after the OP offered a *provisional* date for the tenancy start then IMO they are [edit:on] shaky ground here. A professional LL/LA would have responded by confirming to the OP/potential T that dithering over a date wouldn't be possible and the tenancy was to start on x date. T then has choice to cough up or walk away.

The max charge for a third party referencing is circa 60 quid per T - LAs get bulk discounts on that and many use the cheaper checks around 30 quid.

OP in your situation I'd look at telling the LA that you'll cover the reasonable ref costs ( and ask for copies of the reports) but say that you are seeking the return of the rest of the moneys paid to them as they have failed to communicate fully and they have now re-offered the property. . Screen grab any relevant Ts and Cs from their website.

Excellent response!!!

I wish everybody who responded to a post would read fully before commenting and offer constructive advice as opposed to negative responses!!!

I'm sure the OP will find your comments useful!!

corine39

thanks to both tbs624 and scobbieboy for your help and support. Your comments have been extremely useful and I am most grateful - thank you both once again!

Fire_Fox

scobbieboy wrote: »

I rest my case - Another one who has not read the post fully!!!

It is totally incorrect for the tenant just to start paying rent because the property is empty!!! It has do be agreed by both parties not dictated by the landlord.

Again please can I ask if people are going to comment they fully read the post!!
Corine39 has stated that she has NEVER agreed a date with the landlord and therefore it is totally irrelevant that her circumstances have changed!!

Pot kettle black! Read what I actually said instead of what you erroneously inferred: the words 'normal' and 'can' for example. Is your exclamation mark button stuck down?