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.

wealdroam

This should be on The House Buying, Renting & Selling Board.

Cool_Chick

Hi,

I did post it there too, but I've had no responses yet. I'm quite desperate for help.

Thanks.

InsideInsurance

I'd be interested in knowing the name of the block to see the brochure that mentions about needing a pet licence. On the surface of it to me it sounds like an issue for your landlord not you as long as your tenancy agreement states that pets are allowed as you have no contract with the freeholder of the building.

How important is the painting to you? Did you make your offer conditional on it happening? Did you state it had to happen before the moving in date?

Cool_Chick

Hi,

Thank you. 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.

And the pet licence is quite common in new-build blocks of flats. It is usually given out by the management company. The flat owner must pay a fee. The management company allow consent based upon any other complaints received in the past. But I'm not sure if the fee can be passed on to the tenant. And my contract said that if anyone complains, then I must get rid of my cat. But, if I have a pet licence (valid for one year), then I don't know how that works.

I'm going to risk losing the £700 and find another flat to rent. I can't take any more of this stress.

Thank you so much for your help.

swingaloo

Im stunned! You are paying over £1000 a week for a hotel room? That's not a cheap hotel and you have a cat there. I would be mortified if I was paying £150 a night to stay in a room where a cat had been living.
No offence to cat lovers but why is the hotel allowing that situation?

jacques_chirac

swingaloo wrote: »

Im stunned! You are paying over £1000 a week for a hotel room? That's not a cheap hotel and you have a cat there. I would be mortified if I was paying £150 a night to stay in a room where a cat had been living.
No offence to cat lovers but why is the hotel allowing that situation?

Many thousands of people will have been through that room doing goodness knows what, and you're 'mortified' about a cat?

Cool_Chick

I never said it's a cheap hotel - it's a 4 star, pretty nice hotel! And I'm getting a good discount on the usual rate (or the rates you will find on other websites) so it's okay for me.

And it's quite common for good hotels to accept certain animals. Cats and small dogs are usually ok. And we pay extra for the pet, so I imagine that they give the room a very good clean when we check-out!

wealdroam

Cool_Chick wrote: »

...I agreed to rent it for 2 years.

I thought you were going to live in France last month.

Cool_Chick

Well researched, I was! Until I couldn't find anywhere to rent (peak season) so I decided to stay for a bit. Still not sure what I want to do. But need a roof over my head which is why I'm looking for a 6 month let in London. But hard to find anything for less than a year.

ValHaller

Cool_Chick wrote: »

Hi,

I did post it there too, but I've had no responses yet. I'm quite desperate for help.

Thanks.

25 minutes is not a reasonable period to start feeling twitchy that your post is not answered. Especially during the working day. And if you must cross post, it is good practice to say that you have on both threads. Otherwise you risk wasting some good person's time giving you a comprehensive answer on 1 thread which has already been covered on the other.