Can i get the fees back?

Digestive95

Hey, me and a friend were looking a property and they said they needed fees to reserve the property in an email that read:

To secure the property you will need to pay a referencing fee – please find information attached.

We will then send you the application forms.

A document was attached to it that listed the fees and had a place to sign at the bottom.


They asked for my friends card details and billed the fee before giving us any more documents and without us returning the form that was attached. We decided we didn't want to rent the property and i was wondering whether or not we have the right to get the fees back or if they can keep them.

I have images of the email and attached form that i can give if you PM me but i am not allowed to post them here.

Thanks.

dancingfairy

I believe holding deposits can be non-returnable. I'm no too sure about referencing fees though. I think it will come down to whether it is a holding deposit or referencing fee. It doesn't sound amazingly clear from you've posted. I would expect it to explicitly say what would happen if you changed your mind. What exactly did the terms and conditions say?
df

dancingfairy

If it doesn't say then I would argue that you weren't told it was non-refundable and that no work had been undertaken as you hadn't provided the information for references. I would put your argument in writing.
df

ging84

deposits can never be non refundable
reasonable expenses can be deducted from a deposit, in some cases this could mean the whole deposit, but this is not the same as a deposit being always non refundable.

Digestive95

This was the content of the attached document, they billed the reservation and guarantor fee before we received a draft tenancy agreement or any other documents and without either of us ever returning this form to them or any other forms.

Property Address…………………………………………………………………………….

APPLICATION TO RENT STUDENT ACCOMMODATION - SUBJECT TO CONTRACT

MAKING A RESERVATION DOES NOT GUARANTEE THE TENANCY, WE WILL HOWEVER WITHDRAW

THE PROPERTY FROM THE RENTAL MARKET FOR A PERIOD OF 14 DAYS ONCE AN APPLICATION

HAS BEEN MADE. IN THE EVENT THAT THE COMPLETED APPLICATION FORM IS NOT RETURNED

WITHIN 7 DAYS THE APPLICATION WILL BE WITHDRAWN AND FEES WILL NOT BE REFUNDED.

MORE THAN ONE APPLICATION MAY BE TAKEN ON A PROPERTY BEFORE IT IS WITHDRAWN

FROM THE MARKET AND THE DECISION TO PROCEED WITH A PARTICULAR APPLICANT IS THE

LANDLORD’S DECISION.

PLEASE READ THE NOTES BELOW AS THEY ARE IMPORTANT

PROCEDURE:

1) Fill in this form completing all of the required information. If you have any

queries please either call the office or speak to a Lettings Negotiator.

2) You will be required to pay the reservation fee with this application. Once your

referencing has commenced this is a non-refundable fee.

3) You will be required to return both your application along with the completed

guarantor form within 7 days. Failure to do so will result in the property being

placed back on the “To Let “Market.

4) Before we are able to sign a Tenancy Agreement with you we are required, under

the Anti Money Laundering Regulations to obtain a Proof of Identity and Proof of

Residency from you. It will therefore be necessary for us to see your current

Passport/Driving License and a Utility Bill or Bank Statement dated between 3

and 6 months old (not a Mobile Phone bill) showing your name and address.

5) Reference checks are usually complete within 7/14 days, if your application falls

outside of that timescale and is due to incomplete information supplied by you or

your guarantor the application can be cancelled and fees will not be refunded

TENANTS CHARGES

These fees include VAT (unless otherwise stated):

Reservation Fee (tenant):

Non-refundable under any circumstances

£50.00 for one applicant

Admin Fee: (Guarantor)

Paid upon handover of Guarantor forms

£50.00 Each Guarantor

Non Refundable under any circumstances

Deposit

(paid prior to signing the contract)

£250.00 (per tenant)

I have read and understood the above and confirm receipt of a draft tenancy

agreement ………………………….(tenants signature)