LA troubles, where do I stand?

Spacepig

Morning,

I went to view a flat for rent that I saw on the main websites advertised by an online agency, I made an offer, that was accepted and I paid the referencing fee for me and my guarantor.

The referencing took a while (just over a week) as my guarantor was waiting for employee references. I updated the LA every other day. They told me I had 24 hours to send the last of the details over, they then extended for another 24 hours and everything was complete.

I heard nothing for 3 days, I called for an update and was told that the LL was meant to have contacted me 3 days ago but they've not been able to get through to him so left messages. They've also said they've been trying to contact me, which is untrue. I check my phone/email everyday for an update about the flat and nothing. Even requested call backs/emails from the LA don't come back to me. Useless!

The LA explained that there's a chance the LL has let to someone else as I took too long and it's now between me and the LL, the LA (according to them) has done their job. I told them that regardless of time it took me to send things through, they allowed me this extended time. Fair enough if they rejected my offer of an extended time period.

I have no details for the LL, no contact and £230 short.

What are my options and what can I ask the LA if I call them back in regards to contracts between the three of us and the last time they actually spoke with him? I was told the LL uses them for several property's in the same house as well as others around the area, so lack of contact from him sounds suspicious.

Cheers.

00ec25

Spacepig wrote: »

I have no details for the LL, no contact and £230 short.

What are my options and what can I ask the LA if I call them back in regards to contracts between the three of us and the last time they actually spoke with him?

you have no "contracts" with anyone

time to read up on the terms and conditions associated with whatever it is you have paid and then act according to them in regard of "demanding" any refund :

- reference fee, unlikely it will be refunded in full since the LA did incur actual costs to do it but you might get some back, depends on the T&C

- was there a "holding fee" included in your £230, if not that is a lot of money just for a reference? If yes then read the T&C to understand how long that held the property for you

- having now been referenced by that LA you should not need to pay them again so maybe they will have other property on their books you could pursue instead?

pmlindyloo

You might like to have a read of this:

http://www.landlordzone.co.uk/forums/archive/index.php/t-47220.html

Personally I would be asking for a full refund of all monies. As said in the link, there could be LAs all over the place marketing for this LL and taking money for the same property - definitely unfair.

Did the advert specify that fees had to be paid? Were they made clear? (not necessarily on the advert but elsewhere on the site?)

This is important because all fees must be laid out clearly before you enter into any pre tenancy agreement. (Office of Fair Trading 'rules'.)

Spacepig

00ec25 wrote: »

you have no "contracts" with anyone

time to read up on the terms and conditions associated with whatever it is you have paid and then act according to them in regard of "demanding" any refund :

- reference fee, unlikely it will be refunded in full since the LA did incur actual costs to do it but you might get some back, depends on the T&C

- was there a "holding fee" included in your £230, if not that is a lot of money just for a reference? If yes then read the T&C to understand how long that held the property for you

- having now been referenced by that LA you should not need to pay them again so maybe they will have other property on their books you could pursue instead?

Afternoon,

I can't find much in regards to the tenants fee's;

- Once the application fee has been paid we request that the landlord does not accept any other offers on the property therefore the application fee is non-refundable under all circumstances.
-The Landlord agrees to co-operate with Tenants4U.com as may be required.
-Any application fee made by a Tenant is non-refundable and cannot be cancelled. Application fees are £99+VAT per person.


No mention of holding fee's but the fee I paid, was the admin/reference for two people.

And to answer your last point, the issue I'm having is the LA is saying their job is done, it's now between me and the LL. The LL isn't answering his messages and they won't give me his details. So I'm left in a void. I've a feeling something strange is going on here.

The other person I spoke to at the LA told me the LL has many properties with them within the same house and around the area..

Spacepig

pmlindyloo wrote: »

You might like to have a read of this:

http://www.landlordzone.co.uk/forums/archive/index.php/t-47220.html

Personally I would be asking for a full refund of all monies. As said in the link, there could be LAs all over the place marketing for this LL and taking money for the same property - definitely unfair.

Did the advert specify that fees had to be paid? Were they made clear? (not necessarily on the advert but elsewhere on the site?)

This is important because all fees must be laid out clearly before you enter into any pre tenancy agreement. (Office of Fair Trading 'rules'.)

Afternoon,

My thoughts exactly. As soon as they told me they had 'tried' to contact me it, I had a funny feeling. Something doesn't smell right, seems a great way to make money, though. The LA "Doesn't remember" when they last spoke to the LA

Fees were advertised as "
We have a £99+VAT pp application fee if you would like to go ahead with the property. Please note, this is only payable after the viewing and if you want to go ahead with the property and the landlord has accepted your offer."

I'll have a read of the link.

Thanks.

[Edit] the LA has now given me the LL's number, even more strange. It's a mobile number that takes me through to a business voicemail after a few rings.

I'm hoping this isn't anything more than miscommunication.

Annie1960

http://www.landlords.org.uk/sites/default/files/UKALA%20Code%20of%20Practice%20April%202014.pdf

The website says this company is a member of NLA. When you click through the links to the UKLA code of conduct (link above) see paras 6b, 6c and 6d.


This suggests they cannot charge you or must refund you a 'fair proportion' of any fees you have paid, as you have not had any 'significant benefit' from this.

Presumably you paid the money to the letting agent? In this case, you should write to them, refer to the code of practice, and request your money back.

If they do not comply, then make a complaint to UKLA, as the member will have breached the code of practice.

Annie1960

Spacepig wrote: »

Fees were advertised as "
We have a £99+VAT pp application fee if you would like to go ahead with the property. Please note, this is only payable after the viewing and if you want to go ahead with the property and the landlord has accepted your offer."

I'll have a read of the link.

Thanks.

[Edit] the LA has now given me the LL's number, even more strange. It's a mobile number that takes me through to a business voicemail after a few rings.

I'm hoping this isn't anything more than miscommunication.

If you paid the money to the LA, your grievance is with them. Ignore their attempts to fob you off with the LL. This is just a distraction get you to go away.

Spacepig

Annie1960 wrote: »

http://www.landlords.org.uk/sites/default/files/UKALA%20Code%20of%20Practice%20April%202014.pdf

The website says this company is a member of NLA. When you click through the links to the UKLA code of conduct (link above) see paras 6b, 6c and 6d.


This suggests they cannot charge you or must refund you a 'fair proportion' of any fees you have paid, as you have not had any 'significant benefit' from this.

Presumably you paid the money to the letting agent? In this case, you should write to them, refer to the code of practice, and request your money back.

If they do not comply, then make a complaint to UKLA, as the member will have breached the code of practice.

Very, very helpful. Thank you.

The money was paid to the letting agency, yes.

Annie1960 wrote: »

If you paid the money to the LA, your grievance is with them. Ignore their attempts to fob you off with the LL. This is just a distraction get you to go away.

I'll wait until next week to see if I hear anything, hopefully I will but will use the above should I need to take action.

The last call was the icing on the cake really. They gave me the LL number, which goes with what you're saying about fobbing me off.

PasturesNew

00ec25 wrote: »

- having now been referenced by that LA you should not need to pay them again so maybe they will have other property on their books you could pursue instead?

One problem I've experienced is ... they usually don't. That's why finding a place can be so hard... every place you think "might do" is all with separate agents.

dimbo61

So man sits in empty flat and shows 50 couples round in one day.
Great place and cheap rent we will take it said All 50 couples !
You need to pay £99+ vat each so £238 per couple times 50.
Not a bad days work ( Sorry property went to someone else )
No refunds as reference fees !!!!!
Nice way to make £10K plus

Annie1960

dimbo61 wrote: »

So man sits in empty flat and shows 50 couples round in one day.
Great place and cheap rent we will take it said All 50 couples !
You need to pay £99+ vat each so £238 per couple times 50.
Not a bad days work ( Sorry property went to someone else )
No refunds as reference fees !!!!!
Nice way to make £10K plus

But the code of conduct says they must pay the money back to people who don't get the tenancy.