Martin & Co Banbury dubious business practice

daninmanchester

I found a house to rent in Banbury OX16 and the agent from Martin & Co Banbury Ltd advised me that I should put down £150 urgently in order to to secure it as they had a number of viewings.

I went in to their office to do this and they did the paper work and the rent, deposit etc was agreed as advertised and they confirmed it was now off the market.

Less than an hour later I got a phone call to say that another potential tenant had put in a higher offer and did I want to put in a higher offer. I explained that I had secured the property as advertised and that anything more was outside my budget. They informed me there was nothing they could do and that the other tenant would take the property.

I have since request a refund of the £150 as they backed out of the deal, but they have told me that it is non refundable due to "terms of business".

I fully understand this from a point of view of me backing out the deal, but given they back out this is dubious at best.

Essentially they are taking money to secure properties then upping the price after the agreement. This backs people in to a corner where their either up their offer , lose their £150 or tie themselves to that agent and wait for another property (they don't have many).

As they are a franchise I have complained to head office and copied in the Ombudsman and Office of Fair Trading as this is a very suspect model for doing business.

The could essentially advertise all their properties at lower rates, lock in tenants with their initial payment fee, then up the price, or take their money.

Since having this experience I have read online a number of reviews and in hindsight I wish I did it in advance as they have got terrible reviews.

Any thoughts on where I stand on this?

Although legally I might be able to challenge them, I just want my money back as I don't want to entrust my tenancy to an agency who conducts themselves in this manner.

ValHaller

The deposit of £150 was explicitly to secure the property. Plainly, the £150 did not secure the property.

So on the first look, your £150 is refundable in full.

If Martin & Co Banbury are mow claiming that their terms of business mean that your forfeit the £150 deposit taken to secure the property, then plainly they have made a misrepresention of the reason they took the deposit, and for that reason on the second look it should be refundable in full.

daninmanchester

Thanks. That was my interpretation just not put so succinctly.
I can feel a lengthy complaint battle to get it back but lets see.

I suspect somewhere the fee would cover paperwork also and background checks but as these did not happen because they backed out the deal it seems no matter what they are in the wrong.

Whether legally it is wrong or not (given any small print), from a fair trade point of view it is unscrupulous at best.

ValHaller

daninmanchester wrote: »

I can feel a lengthy complaint battle to get it back but lets see.

• A letter to ask for the refund
• Another letter - Letter Before Action - stating the matter will go to court
• A claim in the small claims court.

They will probably fold when they get the court papers.

Dunsaw

I am with ValHaller on this one. Do not back down, it is grossly unfair.

Good luck with your claim.

mail2z

If you have paid money then you have entered into a contract, they have to honour the contract and let you the propety.

If the deposit did not secure the property for let, then it should be returned as there is no contract.

It cannot be both ways. What the letting agent is doing is plain wrong.

southoftheriver

I hate letting agents with a passion. I'm sorry you had to go through that. Please keep us updated about the outcome.

Guest101

This could construde fraud, ie obtaining money by deception. I would go in and tell them this, if they dont return there and then, threaten police, it is a criminal offence.

The police may not like it, but that's what it is and you should insist on it.

hazyjo

That's really wound me up - let us know if there's anything we can do collectively. Happy to add a signature or send and email, add a comment on any page they have on the internet (twitter? FB? Comments/reviews elsewhere...).

Fight 'til the death

Good luck.

Jx

martindow

Maybe contacting them via Facebook

https://www.facebook.com/pages/Martin-Co-Banbury/227375987350679

might concentrate their minds.

I would stick to the facts and copy the correspondence and their replies on there.

hazyjo

martindow wrote: »

Maybe contacting them via Facebook

https://www.facebook.com/pages/Martin-Co-Banbury/227375987350679

might concentrate their minds.

I would stick to the facts and copy the correspondence and their replies on there.

Done.

Under a list of five points 'why you should choose Martin & Co Banbury' and on the main FB page as a comment.

You'll get your dosh back, don't worry about that. They won't want the bad publicity.

Will copy correspondence when I can - can only use mobile for FB and am typing this on PC.

Jx