Letting agency keeping the deposit

jgrazz

Hello,

I've recently tried to rent out a property in Glasgow, Scotland but the letting agency asked me for a guarantor. Unfortunately my mum wasn't willing to give them personal information so I had to tell them I couldn't find a guarantor.

Unfortunately I've already paid the deposit for the property (£750) along with the guarantor form fees (£55) and tenancy form fees (£165).

They are now telling me the deposit is non-refundable as they have already told to the landlord I would have moved in, and they kept the flat for me telling to other people it wasn't available. Today they have listed the property on the market again. Can they keep the entire deposit even though it wasn't an holding deposit but the tenancy one?

Thank you!

jgrazz

Also, can they ask me for a redress?

Tjrw1985

No the can not

jgrazz

What can I tell them?

princeofpounds

Tell them that you will sue them.

In England you would write a letter before action, then proceed to small claims court. In Scotland, no idea.

You might be able to make both the LL and LA parties to the case (as you don't know for sure if the LA stole it on their own behalf or as a representative of the LL). But again, in Scotland I don't know the process.

Guest101

BEing scotland the laws are slightly different. But in short this is fraud. You haven't withdrawn from the property (which would allow them to keep it), they've refused to let to you and must return the money.

Speak to CAB, as they may know the specifics better. But certainly a letter to them outlining that if they do not return within 14 days, you will begin court action cant hurt.

jgrazz

Guest101 wrote: »

BEing scotland the laws are slightly different. But in short this is fraud. You haven't withdrawn from the property (which would allow them to keep it), they've refused to let to you and must return the money.

It's my fault tho. As I couldn't provide them with a guarantor, do you think they can pass it as my fault?

tim123456789

jgrazz wrote: »

Hello,

I've recently tried to rent out a property in Glasgow, Scotland but the letting agency asked me for a guarantor. Unfortunately my mum wasn't willing to give them personal information so I had to tell them I couldn't find a guarantor.

Unfortunately I've already paid the deposit for the property (£750) along with the guarantor form fees (£55) and tenancy form fees (£165).

I don't understand this:

Apart from the deposit, these fees are illegal in Scotland.

tim

jgrazz

tim123456789 wrote: »

I don't understand this:

Apart from the deposit, these fees are illegal in Scotland.

tim

It was for the modules for the credit check. How come they are illegal?

clark24

In Scotland there are no credit check fees, or guarantor fees. Legally you have to pay deposit and first months rent upon taking on tenancy but the tenant pays no other fees (thank god, yet another reason I moved to Scotland lol).

In England you do pay the fees but they are not legally allowed in Scotland (downside is letting agents are a PITA about getting anything done as you aren't paying them to do it...)

clark24

http://govanlc.blogspot.co.uk/p/scottish-tenancy-charges.html