Referencing fee refund question

Guest101

jjlandlord wrote: »

There's no data protection between employee and employer, or agent and principal.

Yes there is for 1. And two this is not employee and employer anyway, it's contractor. Missed it second point, but yes it still applies

Heliflyguy

jjlandlord wrote: »

They could have just declined the application based on the information and documents they initially asked for. (would you also be asking for a refund?
The fact that the landlord asks for more bank statements after being made aware of the IVA suggests that he was still considering whether to accept. It was good for you!

I think a landlord's just dodged a bullet....

But they didn't decline on the info supplied and the LA was aware of the IVA prior to the start of referencing.

Its the LA fault for not requesting the correct information at the beginning.

As for referencing fees not being refundable, think you need to look at that statement again.

tumbledowngirl

You couldn't know in advance because THEY didn't know in advance.
Obviously something was thrown up in your referencing that required further info - if they had any way of knowing that prior to referencing, they wouldn't have needed to reference!

If I was the 'LL and a tenant appeared ideal in all aspects bar the question of finance, in light of your IVA, I'd try to find further evidence to hopefully allow me to agree the application - rather than a definite no without getting the bigger picture.

runningfool

jjlandlord wrote: »

runningfool, have you read post 27?

Yes I have - have you read my posts?

They knew about the IVA before any money was handed over or referencing commenced. They did not ask for anything extra then - and there is nothing in the documentation that states they might do.

If the had I would have politely declined and we would have gone our separate ways. The EA waited till it had my money before telling me.

How many times do I have to repeat myself. Sorry - getting a little frustrated here!

runningfool

tumbledowngirl wrote: »

You couldn't know in advance because THEY didn't know in advance.
Obviously something was thrown up in your referencing that required further info - if they had any way of knowing that prior to referencing, they wouldn't have needed to reference!

If I was the 'LL and a tenant appeared ideal in all aspects bar the question of finance, in light of your IVA, I'd try to find further evidence to hopefully allow me to agree the application - rather than a definite no without getting the bigger picture.

Please read #45

Guest101

tumbledowngirl wrote: »

You couldn't know in advance because THEY didn't know in advance.
Obviously something was thrown up in your referencing that required further info - if they had any way of knowing that prior to referencing, they wouldn't have needed to reference!

If I was the 'LL and a tenant appeared ideal in all aspects bar the question of finance, in light of your IVA, I'd try to find further evidence to hopefully allow me to agree the application - rather than a definite no without getting the bigger picture.

U have no contract with the tenant, u cannot demand any info from them u say yes or no. U can qualify the no by requesting extra info but the tenant does not have to agree.

The op has said the extra info was required because of the, previously disclosed, Iva. Therefore the LA knew the situation and it is their mistake for not amending the contract prior to accepting payment.

tumbledowngirl

Guest101 wrote: »

U have no contract with the tenant, u cannot demand any info from them u say yes or no. U can qualify the no by requesting extra info but the tenant does not have to agree.

The op has said the extra info was required because of the, previously disclosed, Iva. Therefore the LA knew the situation and it is their mistake for not amending the contract prior to accepting payment.

I didn't say demand. Nor are we talking about qualifying a no - rather, giving the applicant a further opportunity to allow me to say yes.
Seems like the 'LL here can't win - if they'd said a straight no, they'd be accused of time wasting because they knew about the IVA previously.

I stand by my suggestion that the IVA alone was not a deal breaker in this case, so possibly referencing threw up something else that, in addition to the IVA, *might* be...hence, extra info requested.

Guest101

tumbledowngirl wrote: »

I didn't say demand. Nor are we talking about qualifying a no - rather, giving the applicant a further opportunity to allow me to say yes.
Seems like the 'LL here can't win - if they'd said a straight no, they'd be accused of time wasting because they knew about the IVA previously.

I stand by my suggestion that the IVA alone was not a deal breaker in this case, so possibly referencing threw up something else that, in addition to the IVA, *might* be...hence, extra info requested.

That's speculation.

And u don't understand what I'm saying. U as the LL can only say yes or no, that's it. U can then qualify the no by saying if u had this info u might say yes.

You are not giving an opportunity, this is a business and u are negotiating a contract. Not doing someone a favour.

runningfool

tumbledowngirl wrote: »

I didn't say demand. Nor are we talking about qualifying a no - rather, giving the applicant a further opportunity to allow me to say yes.
Seems like the 'LL here can't win - if they'd said a straight no, they'd be accused of time wasting because they knew about the IVA previously.

I stand by my suggestion that the IVA alone was not a deal breaker in this case, so possibly referencing threw up something else that, in addition to the IVA, *might* be...hence, extra info requested.

Blimey - read #45 please.

The LL knew about the IVA before any money was handed over or referencing began and that WAS the reason they asked for more info. The estate agent admitted that the LL asked at the beginning but the estate agent didn't tell me at the beginning.

I do hope that's clear now...

jjlandlord

The amount of nonsense is growing by the minute in this thread.
That landlord really did dodge a major bullet here, IMHO.

Good luck with the house hunting.