URGENT - Renting: Agent won't refund "Holding Fee"

Cool_Chick

Hello,

This is very urgent, please.

I have found a property to rent through an established Estate Agent. When I offered on the flat, I informed the agent that I had a cat, then I signed a "Holding Deposit" form. I gave them £700 to cover: Referencing, Tenancy Agreement, Inventory Check-in, Admin. This was on 3rd July 2013.

The move-in date stated was 16th July, "subject to contract".

I was told that the tenants would move out on Saturday 13th July then the property would be painted and professionally cleaned.

However, I have now been told that the property has still not been painted. They want me to move in tomorrow, but still give them access to obtain quotes then to do the work around me and my cat.

In addition, I have still not received confirmation if the landlord has obtained a Pet Licence.

As I have a cat, I was very concerned to ensure that he would be acceptable. The agent told me that the landlord gave consent, but I had seen a brochure in the block's concierge area that said I needed a pet licence. When I asked the agent, they knew nothing about this (although they told me that they filled around 20 flats there a year).

So I kept calling and emailing the three management companies. They only wanted to deal with the landlord, but she is out of the country. The agent wouldn't deal with it. So I had to. I spent a few intensive days over around 4 weeks trying to resolve this. On Friday 19th July, I was told informally that consent would be granted, pending the fee from the landlord.

I have been living in a hotel room with my cat for around 8 weeks now. It costs us at least £150 per night just for the room. We have no-one to stay with.

I can no longer afford to waste this kind of money. And the relationship between me and the agent has badly deteriorated.

I want to pull out and find something that is available immediately. But the agent has said that I will lose the entire £700 Holding Deposit if I pull out.

Can anyone with some legal knowledge please advise if I can pull out on the grounds that the flat has still not been painted and I still don't have a pet licence. I just can't afford to keep losing money on this hotel, then the £700 on top.

Thank you.

Lokolo

Have you actually signed anything?

Cool_Chick

Hi,

Yes, the "Holding Fee" receipt. No contract.

I've just now been told that they will only repaint around the shower, not the whole flat. This is despite me repeatedly asking the negotiator to repaint the entire flat as I am signing up to a 2 year contract.

I've raised a formal complaint with their Head of Compliance now. But I don't have 15 days to wait for an answer. They want me to sign the contract by 6pm today and move in at 11am tomorrow. I won't do either. I am looking for another property now. But I really don't want to lose the £700.

Can you suggest anything, please?

Thank you.

angrypirate

It sounds like it was verbally agreed that you woud take the flat on condition of it being repainted - did you have it in writing?

Guest101

They have breached the contract, verbal as it is, its still valid. Proving it may be difficult, but £700 is alot (ALOT for holding fee).

The agreed date has been and gone, and the work not done. I'd say they should refund.

This could be fraud, but the police will probably claim its a civil matter

Cool_Chick

Hello,

Thank you all. I've just found an email from the agent confirming the repainting and move in date - I'm covered!

Agent said (via email):

"1) £xx per calendar month

2) 2 year with a one year break clause

3) Move in date – 19/07/2013

4) Unfurnished – as is

5) Professionally cleaned including carpets

6) Re-paint and by the shower

7) Include a pet clause "

When she said "By the shower", it meant removal of the brown, bubbling limescale.

I'm waiting to hear from their Head Of Compliance who deals with their complaints. Else I've found details of the property Ombudsman.

The cleaning is only crucial as I am paying top dollar for the flat and I agreed to rent it for 2 years. But they cannot repaint around my cat and my furniture.

I'm going to risk losing it and find another flat to rent.

Thank you all for reassuring me.

[Deleted User]

At worse, if you are paying £150 a night for a hotel, and will lost £700 holding fee (yes that is high for the charges you have listed).., that's under five nights in the hotel. I would suggest you would be better off risking losing the holding fee than keep paying those hotel charges.

I would also suggest that in your position I'd have lost all confidence in the LA and would find another flat with another agency.

However, I'd wonder if you are paying over the odds for the hotel as well. That's quite an expensive fee for a longer term room. I'd consider putting the cat in a cattery (and visiting daily) and find a cheaper room. You may be lucky to find a flat with immediate occupancy., but you may not.

Cool_Chick

Hi,

Yes, I had my cat in a cattery at the start. We both hated it. I kept driving back, paying for parking (but I still got a few parking tickets!), buying him presents, both pining. It's much better now. I love this hotel and feel safe here. I have a good rate but I pay extra for the cat. The cattery was £25 per night, here it's £15 for him. And I feel safe leaving him to go out.

I couldn't find a short let before, which is why I had no choice but to stay in a 4 star hotel which accepts pets. I'll have to bite the bullet and risk the £700. But it feels like such a large sum to get nothing in return.

I'll get out on more viewings tomorrow.

Thank you.

angrypirate

You need to write a letter and send it registered post to the LA.

You need to say you agreed to take the flat on the understanding that it was going to be painted and that it was ok for you to have your pet. Include the email they sent you.

Reiterate that they have now confirmed they are refusing to paint it and the managing agents are yet to provide any information showing that an agreement is in place for the pets. Unless the LL/LA are willing to rectify this in the next 24-48 hrs you will not sign and you expect the full holding deposit back. Failure to return the deposit within 7 days will lead to to commence the small claims procedure.

If you were to sign a contract now for 2 years because they are holding your £700, a court of law will deem this to be under duress and will find in your favour. Tell them that you will not sign under duress and they have breeched the agreement

Cool_Chick

Oh, that sounds really good, thank you so much angrypirate!

Can I email this letter to them instead of registered post? Then I can do it right now.

Thank you so much.

angrypirate

Cool_Chick wrote: »

Oh, that sounds really good, thank you so much angrypirate!

Can I email this letter to them instead of registered post? Then I can do it right now.

Thank you so much.

By all means email it to them now but also send a written, signed version of it. Court of law really only accept letters. Plus sending it in the post will make the agent realise you are serious.

PS Im not promising you a small claims court will find in your favour - I just would be very surprised if they dont. You agreed to take it on certain conditions and those conditions have been broken.