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House application fee issue - where do we stand?

fluffy123
Posts: 362 Forumite


Hi all,
Was just looking for some advice regarding this situation. I am acting as guarantor for a close friend who was looking to move into a new rented property. They're on HB and have debt arrears from their previous property (1.5k) which due to a CCJ two years ago is now being paid down to an agreed payment plan.
My friend went to look at this property and spoke to the agent at the time who said the arrears may not be an issue as the landlord has handled such issues before but obviously, the guarantor would be needed...Okay.
We were then asked to pay a £150 non-refundable application fee. I asked that an email was sent to me to have written proof that the arrears would be no problem. I have said email from letting agent saying that they have spoken to the landlord about the arrears and that they are 'ok with the information provided and happy to allow them to move in'.
On that basis, the £150 application fee was paid and a company called letalliance has been handling this since then.
Yesterday, we received an email as letalliance have found that there are 1.5k rent arrears on the existing property, the application has been unsuccessful and therefore 'they are not suitable for the property, the application will be withdrawn and the property readvertised'. They also will not refund the £150 application fee.
Where do we stand with a refund of this? We declared this from the outset and were invited to apply on this basis. Nothing else has came out, just the rent arrears that they knew about already but now suddenly, it's unacceptable?
Additionally, the T&C's on the application form state:
"Any negative feedback such as adverse credit, a poor landlord reference or failure to verify earnings may affect an application.
This does not necessarily mean we cannot offer the property to you; however the landlord may request additional terms and the ultimate decision to proceed or not is theirs."
Was just looking for some advice regarding this situation. I am acting as guarantor for a close friend who was looking to move into a new rented property. They're on HB and have debt arrears from their previous property (1.5k) which due to a CCJ two years ago is now being paid down to an agreed payment plan.
My friend went to look at this property and spoke to the agent at the time who said the arrears may not be an issue as the landlord has handled such issues before but obviously, the guarantor would be needed...Okay.
We were then asked to pay a £150 non-refundable application fee. I asked that an email was sent to me to have written proof that the arrears would be no problem. I have said email from letting agent saying that they have spoken to the landlord about the arrears and that they are 'ok with the information provided and happy to allow them to move in'.
On that basis, the £150 application fee was paid and a company called letalliance has been handling this since then.
Yesterday, we received an email as letalliance have found that there are 1.5k rent arrears on the existing property, the application has been unsuccessful and therefore 'they are not suitable for the property, the application will be withdrawn and the property readvertised'. They also will not refund the £150 application fee.
Where do we stand with a refund of this? We declared this from the outset and were invited to apply on this basis. Nothing else has came out, just the rent arrears that they knew about already but now suddenly, it's unacceptable?
Additionally, the T&C's on the application form state:
"Any negative feedback such as adverse credit, a poor landlord reference or failure to verify earnings may affect an application.
This does not necessarily mean we cannot offer the property to you; however the landlord may request additional terms and the ultimate decision to proceed or not is theirs."
0
Comments
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Well you would need to go to court if they refuse to refund0
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Ideally wouldn't want to come to that but wondered whether we had a strong argument for this, should it come to it.0
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Okay, thanks for your help0
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Sounds like you have a good case.
Assuming you win in court (never 100% guaranteed) you'd get the £150 and your court costs back.
Send a Letter Before Action, enclosing a copy of the email, and giving them 7 working days to refund you.0
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