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Letting agent application fees. Please Help!
Jo2588
Posts: 1 Newbie
Hello,
Just looking for some advice really, I'll try to keep this as brief as possible but it's quite a long story.
My partner and I have been renting for a long time but decided that we want to move.
We found a property for rent via a local letting agency and went to view. Decided that we liked the property and asked to apply. We were given two application forms and some written terms of application but the agency then advised that the landlord had on the same day spoken about putting the house on the market as nobody had rented yet. They advised that they would call us if the property was still available . The next day my partner received a call, the landlord still wanted to rent the property out and we needed to get our application forms and application fee of £250 in straight away.
By this point I'd had a little time to think so I asked if I could view the property one more time the following morning, just so that I could be sure as its quite a bit smaller than my current house. We were advised that this was fine.
The next morning we met the agent at the property and we had a look around, I'd asked my mum to come along for a second opinion, everything went really well and as we were making conversation the agent said ' oh, and would you be able to provide a guarantor?' The written terms that had been given to us the day before advised that upon referencing if you fail a credit check or rely on benefits you could be asked to provide one. We have a good income and a good credit history so I wasn't worried at all. Anyway, My mum said that she would be guarantor if needed and off my partner and I went to hand in our applications.
At the office we paid our fee and the agent advised that our info would be sent to the third party for checks. I was then handed an additional application form, for my mum???? And told that it could be dropped off at any time. I assumed that this would probably be held and then sent off if needed. This raised a red flag for my partner however who asked that I queried this with the agents.
I emailed and asked if I brought the completed form in for my mum would she automatically be put down as a guarantor and I was advised yes! I responded and advised that as mine and my partners checks hadn't even been carried out yet it was very premature to be asking for a guarantor and that I wasn't comfortable dropping the form off. I asked if this was necessary if so why as this wasn't in the advert or the written terms that had been given to us and the agent responded with 'if you can'????? Again I responded that i would provide a guarantor if our references / credit scores etc were negative and asked why a guarantor was being asked for at this stage. No response
The referencing agency contacted us and asked for so much information and copies of so many documents that I probably wouldn't have applied in the first place had I have known but we did everything that they asked.
I received an email from the letting agents today advising that we have PASSED all checks but that the landlord needs a guarantor. I am furious. Why have I paid an application fee, an additional reference fee to my current landlord and had checks carried out if the results are pointless. My partner and I are on a good wage, have excellent references and credit history. There is zero need for a guarantor and we have passed the checks.
I have asked for our application fee back and this has been refused. At no point were we advised that having a guarantor was a prerequisite to the tenancy and I'm so, so angry.
Although my mum is willing to be a guarantor it's not the point. I'm not comfortable with it at all.
I have never been in a situation like this before and have no idea what to do next!
Help!
Just looking for some advice really, I'll try to keep this as brief as possible but it's quite a long story.
My partner and I have been renting for a long time but decided that we want to move.
We found a property for rent via a local letting agency and went to view. Decided that we liked the property and asked to apply. We were given two application forms and some written terms of application but the agency then advised that the landlord had on the same day spoken about putting the house on the market as nobody had rented yet. They advised that they would call us if the property was still available . The next day my partner received a call, the landlord still wanted to rent the property out and we needed to get our application forms and application fee of £250 in straight away.
By this point I'd had a little time to think so I asked if I could view the property one more time the following morning, just so that I could be sure as its quite a bit smaller than my current house. We were advised that this was fine.
The next morning we met the agent at the property and we had a look around, I'd asked my mum to come along for a second opinion, everything went really well and as we were making conversation the agent said ' oh, and would you be able to provide a guarantor?' The written terms that had been given to us the day before advised that upon referencing if you fail a credit check or rely on benefits you could be asked to provide one. We have a good income and a good credit history so I wasn't worried at all. Anyway, My mum said that she would be guarantor if needed and off my partner and I went to hand in our applications.
At the office we paid our fee and the agent advised that our info would be sent to the third party for checks. I was then handed an additional application form, for my mum???? And told that it could be dropped off at any time. I assumed that this would probably be held and then sent off if needed. This raised a red flag for my partner however who asked that I queried this with the agents.
I emailed and asked if I brought the completed form in for my mum would she automatically be put down as a guarantor and I was advised yes! I responded and advised that as mine and my partners checks hadn't even been carried out yet it was very premature to be asking for a guarantor and that I wasn't comfortable dropping the form off. I asked if this was necessary if so why as this wasn't in the advert or the written terms that had been given to us and the agent responded with 'if you can'????? Again I responded that i would provide a guarantor if our references / credit scores etc were negative and asked why a guarantor was being asked for at this stage. No response
The referencing agency contacted us and asked for so much information and copies of so many documents that I probably wouldn't have applied in the first place had I have known but we did everything that they asked.
I received an email from the letting agents today advising that we have PASSED all checks but that the landlord needs a guarantor. I am furious. Why have I paid an application fee, an additional reference fee to my current landlord and had checks carried out if the results are pointless. My partner and I are on a good wage, have excellent references and credit history. There is zero need for a guarantor and we have passed the checks.
I have asked for our application fee back and this has been refused. At no point were we advised that having a guarantor was a prerequisite to the tenancy and I'm so, so angry.
Although my mum is willing to be a guarantor it's not the point. I'm not comfortable with it at all.
I have never been in a situation like this before and have no idea what to do next!
Help!
0
Comments
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take them to court?Hello,
I received an email from the letting agents today advising that we have PASSED all checks but that the landlord needs a guarantor. - that's not what your written terms said. I am furious. Why have I paid an application fee, an additional reference fee to my current landlord - I don't know, what are you paying your current landlord for? and had checks carried out if the results are pointless. My partner and I are on a good wage, have excellent references and credit history. - they cant see your credit history anyway, only public records (unless you gave them bank statements of course) There is zero need for a guarantor and we have passed the checks.
I have asked for our application fee back and this has been refused. - why? At no point were we advised that having a guarantor was a prerequisite to the tenancy and I'm so, so angry. - and your written terms say otherwise
Although my mum is willing to be a guarantor it's not the point. I'm not comfortable with it at all.
I have never been in a situation like this before and have no idea what to do next!
Help!0 -
Just advise them that you are walking away and tell them (in writing) that you require that your fees be returned since they have placed onerous requirements on you in excess of their own stated terms. Advise them that if your deposit is not returned within 7 days, that you will claiming the application fees back via the county courts.
Then raise a money claim online. Its easy and cheap to raise one and you'd probably win since you have a reasonable argument and county court judges generally hate lettings agents.0 -
That's a lot of background and play-by-play for a simple issue. I'd focus on the below:The written terms that had been given to us the day before advised that upon referencing if you fail a credit check or rely on benefits you could be asked to provide one.
..
I received an email from the letting agents today advising that we have PASSED all checks but that the landlord needs a guarantor.
The deposit was paid based on the written terms outlining when a guarantor would be needed. These did apply, so write a formal Letter Before Action requesting they
a) accept you as a tenant per the holding agreement without a guarantor; or
b) repay your deposit within 7 days as they are contravening the written terms under which the deposit was paid.
Follow this up with a Money Claim to recover your money via the court. Oh, and get confirmation in writing that you passed the checks and keep those written terms safe!0 -
by the sound of it the landlord has had a bad experience and just wants extra insurance by taking in a guarantor. Of course the agency should adivse you of this in the begining.0
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