EA has kept our money...

Zazy

I paid an EA £300 for credit checks/references etc at the end of March (28th) for a private rent property... everything fell through and the EA won't return all of our money.

They've returned half and said the other £150 needs to come from the landlord/EA as she decided to move EA's (the new EA refused us the property on the basis of claiming WTC... ) - also, they won't give us ANY contact details for the landlord, so we cannot pursue her.

On handing over the money, we were told should the deal fall through for any reason (other than a fault with us) we would be fully refunded (this was verbal and we only signed the receipt)

I've contacted them numerous times, only to be told they did their work, which was passed to the new EA and he needs to pay us.. he says he doesn't as we never paid him (which I agree with and understand)

I contacted the council who have a tenancy officer involved (the nice man at shelter advised this), but they haven't contacted me back since early last week either..

What do I do now? I need that money for a new property. Also, I have to pay advertising fees on where I live currently (we handed our notice in and they've let us stay if we pay these costs)

Please help, I don't know where to turn now, £150 is a lot to us and we really need it for when we find somewhere else!

mrginge

Why did it fall through?

Zorz_2

OP says on account of them claiming Working Tax Credits. I don't understand though why, since it's the landlord who sets the criteria. (and lets not even begin with the "No DSS" charade...)

IMO, it's quite simple. The agreement failed not because of your fault, so you are entitled to your money back. You paid the lettings agent, you should get your money back from the lettings agent.

If they did already some work (ie referencing), they ought to get their fees from the LL, not from you. The only reason they do this is because it's easier for them (since they have already the amount in their hands) and they believe they can get away with it.

Write them a letter.

G_M

On re-reading, I'm not sure it's so simple:

1) if the issue is around the change of agent, then the 1st agent should refund your money in full. This was beyond your control. WRITE (yes, a letter) to the agency manager claiming a full refund within 7 days.

2) However it does appear that the application failed ultimately due to the applicant's status (claimant). In these circumstances it is common for the agency to keep all/some of the fees paid (holding fee, credit vet fee, whatever) to cover their work.

If Agent 1 had refunded the fee in full, and agent fee had demanded fees to 'take-over' the application which then failed, those 2nd fees paid would very likely have been retained in part or in full.

ValHaller

G_M wrote: »

On re-reading, I'm not sure it's so simple:

I agree that it is not totally straightforward. But from the prospective tenant's point of view, it all hinges on whether the matter of WTC was declared to Agent 1. If it was, then Agent 1 is responsible on behalf of the landlord to return the money in full and Agent 1 should be charging their losses to the Landlord, whose agent they were at the time of taking the fees.

OP could claim against Agent 1 or the Landlord. If Agent 1 will not provide the Landlord's details for making a claim, then OP should proceed against Agent 1 IMO.

Mozzanov

It was the LL's/LA's decision not to go ahead, therefore regardless of receiving WTC, they should refund it. As long as you provided accurate information. Did they explain before you handed over cash that they would not accept anyone in receipt of any benefits whatsoever?

ruggedtoast

I cant believe in this day and age these scheisters are still screwing people over with these non refundable fees just for needing a place to live.

They have literally no scruples.

Zazy

Hi,

Agent 1 had said our credit checks were 100% fine, and we got a glowing reference from out landlord so they passed us (knowing about WTC - the landlord herself also knew we received this) and given us a move in date + date to sign contracts/tenancy

I have written a letter to Agent 1, but heard nothing. (This was sent recorded post 25th April, signed for 26th April.)

They said the benefits we receive are fine (hence Agent 1 passing us) but seemingly Agent 2 didn't think so.

I contacted the tenancy officer again today who said they'd told her they would contact us (they haven't) and they're chasing the landlord BEFORE refunding us. She's told me not to contact them as she will deal with it and promised me a call back today - which didn't happen.

Thanks for help so far.