Letting agency keeping the deposit

tim123456789

jgrazz wrote: »

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

Because the law in Scotland now says something of the order of: A LA/LL may make no charges whatsoever to a tenant except for advanced deposit (which must be protected) and rent.

They did it this way precisely to stop LA/LLs getting around the rules by inventing ever spurious reason for charges.

tim

tim123456789

clark24 wrote: »

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...)

IME in England, you (the tenant) "paying them to do it" makes absolutely no difference

tim

Guest101

jgrazz wrote: »

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

No, itd be your fault if you withdrew from the house. but not having a gurantor is not a 'fault'.

as others have mentioned, as i suspected, the law in scotland doesnt allow these fees, mention that to them

princeofpounds

Yes good point on the illegality of fees in scotland. Also, just to clarify, did they ask you for a guarantor before or after you handed money over?

jgrazz

princeofpounds wrote: »

Yes good point on the illegality of fees in scotland. Also, just to clarify, did they ask you for a guarantor before or after you handed money over?

They asked me for a guarantor before, but then I couldn't provide them with a guarantor anymore as their requests of paperworks were unbelievable.
But what if I failed the credit check? It would have been the same thing!

UPDATE: I called them today, the lady on the phone was really rude to me, I then asked to speak with a branch manager or with the agent who showed me the flat but she was telling me both of them were out. I told her that she shouldn't have taken the deposit until the condition that I had a guarantor was finalised as that was the agreement of the tenancy and she paused and just went mental at me. So I told her to calm down as she doesn't make decisions and all she does is answer the phone.

EvaCustard

jgrazz wrote: »

So I told her to calm down as she doesn't make decisions and all she does is answer the phone.

:rotfl: That may not be helpful!!

I think and I'm sure others are much more in the know about these things, you need to put your issues in writing and avoid the phone calls. Once the LA knows that you know your rights, I'm sure they will have to back down and refund the fees they shouldn't have charged you.

spacey2012

If you contact Shelter Scotland they are looking for test cases to bring private prosecutions and civil compensation claims against .
Give them a call.

jgrazz

I've sent them a letter saying that they have charged me a premium, as what they charged me is not a deposit (as it is non-refundable). Hope they know that the things they have done are unlawful and give me back my money.