Can I reclaim admin fee if I passed credit checks but Landlord refused application?

Strategy

Hi All

All advises are welcomed and highly appreciated. Here is the story.

I was about to replace myself with current tenant, as he(current tenant) had to move out in short notice and emergency problems. I paid admin fee of £240 to estate agent AxxxHxxxxx locating at Leytonston (by law, not sure if I can state the exact agent name). I was told this fee included credit checks. After about two week I called them to check how things were progressing, agent said I passed credit checks and they were waiting for landlord's response.
A week later, I received a call from agent in the evening just only the day before I supposed to move into a new property (the one I was going to replace my name for current tenant) informing that Landlord refused my application.

They said the admin fee is non-refundable. But I feel I had been treated unfairly. From the day I paid admin fee to the day I suppose to move in was three weeks in total that I was left in the dark not knowing of what had been going on, unless I called them to ask. Eventhough, the way agents said to me they said everything was ok. But just less than 24hrs before I supposed to move, everything was turned upside down.

I was planning to call them asking for refund as I think it was totally unfair and unprofessional. If there is no progress, I will contact both Trading Standard and Ombudman Services for consultation.

I really want to reveal the name of estate agent if it is not against the law.

Do you think I am taking the appropriate way to deal with my situation? Please advise any suggestions. Discussion at length is more than welcome as I don't want the others to become to be in my situation. It was very metally distressed.

Thanks
Strategic

patricia..xx

I don't understand what you mean when you are talking about the current tenant?

Did you look round a new house, apply for it, to be told you couldn't have it the night before? What has the tenant you refer to got to do with it? Sorry, might be me being thick

Guest101

The truth can never be libel/slander, so you wont be breaking any laws y naming and shaming, thats for sure. Why do you think its against the law?

Anyway, yes you are perfectly entitled to a refund. They are trying it on. The only way the deposit is non-refundable is if you had lied on your application.

Do the agents think they can just do this to people no end, and keep claiming money?

This may breach the fraud act 2006, though it's hard to say wthout knowing more of what they said 'exactly'.

i would telephone them, then send a letter recorded. Stating that you require an immediate refund or you will report them to trading standards, the ombudsman (if they are signed up to the scheme) and the police.

You may add that you expect all interest to be paid on the sum, as you are not at fault.

Some agents think they can get away with this kind of behaviour.

Strategy

patricia..xx wrote: »

I don't understand what you mean when you are talking about the current tenant?

Did you look round a new house, apply for it, to be told you couldn't have it the night before? What has the tenant you refer to got to do with it? Sorry, might be me being thick

Basically I agree with current tenant to change the name in Tenancy Agreement from his to mine. Then we went to estate agent, estate agent charged me for £240 for admin fee, chacking credits and new contracts etc. Then on the day before I supposed to move in (at this time no contract signed either as I presumed agent may do on the date I moved in), agent told me that Landlord refused my application and no mention about admin fee of £240.

Strategy

Guest101 wrote: »

The truth can never be libel/slander, so you wont be breaking any laws y naming and shaming, thats for sure. Why do you think its against the law?

Anyway, yes you are perfectly entitled to a refund. They are trying it on. The only way the deposit is non-refundable is if you had lied on your application.

Do the agents think they can just do this to people no end, and keep claiming money?

This may breach the fraud act 2006, though it's hard to say wthout knowing more of what they said 'exactly'.

i would telephone them, then send a letter recorded. Stating that you require an immediate refund or you will report them to trading standards, the ombudsman (if they are signed up to the scheme) and the police.

You may add that you expect all interest to be paid on the sum, as you are not at fault.

Some agents think they can get away with this kind of behaviour.

About the law, I just want to be sure. Totally unprofessional agent whom I dealth with is "Alan Harvey"

Whoever is dealing with this agent right now or in coming future, plase bear my incident in mind. However, it may have more of bad agents out there.

monty-doggy

So u decide to end his tenancy early, without asking the LL? Then u take over?

Guest101

monty-doggy wrote: »

So u decide to end his tenancy early, without asking the LL? Then u take over?

I think the LL mustve known if his agent is running checks on the OP?!

Strategy

monty-doggy wrote: »

So u decide to end his tenancy early, without asking the LL? Then u take over?

Current tenant has spoken with agent about his intention to change the name on the contract. I kind of presume LL was informed. We were dealing with agent so if LL has not been informed. I only can presume agent was being dodgy.

Current tenant didn't end the contract. I think it referred to "Replacement tenant, mid-term of tenancy". I took the word from documents I got from Alan Harvey.

monty-doggy

Ah sorry didn't understand. Have you asked the agent why LL refused?

Strategy

monty-doggy wrote: »

Ah sorry didn't understand. Have you asked the agent why LL refused?

This is what i think is a tricky bit. First, agent wanted to start new contract with slight increase in rent. I said I am ok with new rent. Then agent said my pay slip looked illegitimate. On that basis, they refused me to enter Tenacy Agreement.

What odd for me is
1. If they think pay slips are illegitimate, why waited for almost three weeks and tell me on last day in the evening, just before i was about to move on next morning.
2. How can I pass credit checks if i am illegitimate?

I tried to get more info but they kept saying my slips looked illegitimate.

Guest101

How do they know what your payslip would look like? Surely it's a simple phone call to your employer, with your permission, to state you do work there. Also surely you could show them a bank statement with the money going in.

Don't accept it, they talking gardage.

Stop playing their game, and start playing yours, threaten to expose and sue them.