Agents not wanting to refund my money to me

System

You made it a legally binding document the day you signed it so if you signed early then the contract became binding as of that date.


It would also have become binding the day the landlord/agent signed it, this does not have to be the same date you signed

G_M

Debt2Null wrote: »

many thanks for the response.

But before 8th, can I confirm that I had every right to withdraw, right? Which is what I did and I have been trying to do for weeks now.

the legal position before the 8th is irrelevant now.


On 8th Jan a binding contract was formed.

Debt2Null

So what can I do? I was of the impression both parties have to sign the contract before it is legally binding.

Also, what could I have done? I refused to pay the £75 on the grounds that I was not informed before I signed the contract. The agency also refused to give me the keys. What could I have done, other than to ask for my money back?

System

Debt2Null wrote: »

So what can I do? I was of the impression both parties have to sign the contract before it is legally binding.

Also, what could I have done? I refused to pay the £75 on the grounds that I was not informed before I signed the contract. The agency also refused to give me the keys. What could I have done, other than to ask for my money back?

To be quite honest I'm not sure and no both parties do not need to sign to make it legally binding.


If the tenancy agreement mentions the 75 I would have just paid as it now stands you are out of pocket by a lot more, on the flip side the landlord is also in breach of the contract by default due to the agents actions.


Write to the landlord and say that unless either you are granted access or your money is refunded you will claim the money back via the court, use the money claim online and open a case.

caprikid1

The thing is I think the agents can come back to you for more money so beware of a claim.

Debt2Null

Simonr66 wrote: »

To be quite honest I'm not sure and no both parties do not need to sign to make it legally binding.


If the tenancy agreement mentions the 75 I would have just paid as it now stands you are out of pocket by a lot more, on the flip side the landlord is also in breach of the contract by default due to the agents actions.


Write to the landlord and say that unless either you are granted access or your money is refunded you will claim the money back via the court, use the money claim online and open a case.

Thank you very much for your response.
That is just it. it was never in the contract. They are simply going by the fact they told me verbally (which I disagree too) and that they mentioned it in an email (again, they did not explain what the fee was for. As I was confident it did not apply to me).

About contacting the landlord.
How can I get the landlord's details? I only dealt with the letting agent and not the landlord.

PRS has just got back with their response and they instructed the agency to give me a refund of £240 in total (£200 compensation to me, and £40 from what is left from the rent and an early termination fee). This I am definitely going to refuse.

I wanted the property, but I was not going to pay a fee I wasn't made aware of. So they hold the keys, I never stepped into the property and yet I have to lose over £1000.

My main point was that I asked for a refund - few days after I signed the contract - before the contract started, and before the agent singed the contract. Now, from what I'm getting, this point is irrelevant.

This is truly mind boggling!

Debt2Null

caprikid1 wrote: »

The thing is I think the agents can come back to you for more money so beware of a claim.

So I should accept I've lost all the money? How can they ask for a claim when I've been asking for a refund for ages.

Also, my refusal to pay the fee and my request for my money back should tell them I had no intention of moving in anymore. They could have terminated the rent a long time ago. But only decided to terminate it when they felt they could keep all the money. And yet they can make a claim? On what grounds?

G_M

Not much more I can add other than to repeat:


However, if you have a (dual-signed) tenancy agreement, and the landlord/agent denied you access, you could sue for your consequential costs eg
* did you have to book into a hotel due to inability to access the property? How many nights?
* have to eat out as you could not cook?
* taxi/removal van for abortive attempt to move in?

Have you got full costings with receipts?

Debt2Null

G_M wrote: »

Not much more I can add other than to repeat:


However, if you have a (dual-signed) tenancy agreement, and the landlord/agent denied you access, you could sue for your consequential costs eg
* did you have to book into a hotel due to inability to access the property? How many nights?
* have to eat out as you could not cook?
* taxi/removal van for abortive attempt to move in?

Have you got full costings with receipts?

- No, I did not book a hotel. I stayed in my car, then went home the next day (back to London). Eventually, staying at a mates, who had a property on AirBnb. So I used the property when it was not booked.

- Ate out a number of times and did not keep any receipt.
- And no removal van either. Since I have a car.

G_M

Those are just examples of the kind of costs you might have incurred as a result of the landlord's breach of contract.


It is not an exhaustive list - I don't know your personal circumstances, nor what actions you were forced to take as a result, but if you want to sue, you need to quantify your loss/costs.