Need advice agency have kept my fees

Bam9696

Thankyou house buyer 77 that's much more helpful I can see the landlords arguments. I understand that it's the voice of the landlord but I have been very honest with the estate agents from day one they informed me that everything would be fine as I'm paying upfront. Feel they have been selling it to me until now and now they can just get another 300 out of someone else. I also don't understand why they keep the whole fee as the fee is for affordability check credit check tenancy contract write ups and any other legal things. They no longer have to carry this out so I thought o should receive a partial refund?

AdrianC

Bam9696 wrote: »

as originally stated its a six month tenancy including bills in the rent price. I offered all six month upfront! Hence why I'm slightly annoyed that I have failed on a credit check when I don't require any credit and rent and all bills are to be paid for the entire tenancy upfront

It's an initial six month AST, turning into an SPT after that time?
Or it's a six-months-not-a-day-more-don't-even-think-of-asking-because-you-ARE-moving-on-day-183 tenancy?

Even in the massively unlikely case that it IS the latter, there's still no guarantee that you actually WOULD move on day 183 - that's the earliest that the landlord can start possession proceedings if you don't. And then, of course, he'd have the fun and games of trying to collect the cost of any damage off somebody with a lousy credit rating.

Bam9696

I understand if the landlord didn't want me after finding out I had a ccj. It's his choice to weigh up the odds. I'm just upset about how misleading the estate agents were I was very honest from day one I told them I've never done a credit check Although I know I've got something on there as I have been refused a house before and needed to get a guarantor to secure it. They said it will be fine if I can get a guarantor or pay up front so I offered the money upfront. Please understand why I then thought this was a done deal I was lead to believe that a ccj would not effect it. Now they have kept all my fees and I'm here trying to get some decent advice. Maybe instead of saying you will be fine as your paying upfront they should of said look you have told us you have been turned down before do a credit check first then come back to us. They didn't maybe I'm naive but they assured me with the money up front I would be OK! Now I'm just trying to get some of that money back so i don't feel so robbed!

Bam9696

And as for damages I have a previous landlord reference where all his rent was paid on time for 2years and his house was never damaged. Even though my credit scores bad I chose not to smash his house up strange hey!

jimbog

Bam9696 wrote: »

Even though my credit scores bad I chose not to smash his house up strange hey!

Why would you even think about doing that??

Bam9696

I wouldn't the gentlemen that replied above you stated that a risk would be getting damages back of someone with a lousy credit rating I'm simply stating that I had a reference from a previous landlord to show I was a good tennant and not everyone with a ccj wants to smash his house up!

jimbog

Bam9696 wrote: »

I wouldn't the gentlemen that replied above you stated that a risk would be getting damages back of someone with a lousy credit rating I'm simply stating that I had a reference from a previous landlord to show I was a good tennant and not everyone with a ccj wants to smash his house up!

Apologies, I misunderstood

Voyager2002

Letting Agents very rarely return fees unless they are forced to do so... much easier for them to give you the brush-off. However, you did have a contract with the agent that did not allow them to treat you in this way.

Did you pay those fees by card (visa or mastercard)? If so, getting the money back from the card issuer should be fairly straightforward.

Otherwise, you will need to take them to court: either visit your local county court and get the forms there, or use Money-Claim on line.

Voyager2002

Bam9696 wrote: »

I understand if the landlord didn't want me after finding out I had a ccj. It's his choice to weigh up the odds. I'm just upset about how misleading the estate agents were I was very honest from day one I told them I've never done a credit check Although I know I've got something on there as I have been refused a house before and needed to get a guarantor to secure it. They said it will be fine if I can get a guarantor or pay up front so I offered the money upfront. Please understand why I then thought this was a done deal I was lead to believe that a ccj would not effect it. Now they have kept all my fees and I'm here trying to get some decent advice. Maybe instead of saying you will be fine as your paying upfront they should of said look you have told us you have been turned down before do a credit check first then come back to us. They didn't maybe I'm naive but they assured me with the money up front I would be OK! Now I'm just trying to get some of that money back so i don't feel so robbed!

That is the key point, and I think that a court would agree with you on this.

AdrianC

Bam9696 wrote: »

And as for damages I have a previous landlord reference where all his rent was paid on time for 2years and his house was never damaged. Even though my credit scores bad I chose not to smash his house up strange hey!

You're forgetting one thing. You know you. The landlord doesn't. All he has to go from is a letter from somebody else he doesn't know saying you're a jolly nice person... oh, yes - and a failed credit check.

All he knows for sure is that you're a potential tenant with abysmal credit, who's already not been entirely open and honest. You were asked if you had any CCJs - and you do. The fact that you say you didn't know is beside the point. He has plenty of other putative tenants to choose from who pose a much lower risk.

If he was of a cynical mind, he might also wonder how come you'd apparently been living at the same address for two years, yet not had so much of a whisper about this three-year old CCJ.