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Letting agency problems!

Hi,

Just needed a bit of advice on something... i did try good ol' google but couldnt quite get the answer i was looking for!

I have recently (about 4 weeks ago), put a holding deposit with admin fees etc etc down for a property we had viewed. However today we got a call from the agency to say that the tennant currently in there has changed their mind and isnt leaving for whatever reason! The letting agency didnt really seem all that fussed, and really annoyed the other half LOL !

The problem is we have given our notice to our landlord, and brought furniture for the new place!

Where do we stand in terms of getting our money back? Surely they cant keep it as it was them that pulled out?

They have offered somewhere else to have a look at, same street etc but slightly more expensive, it would put us at our maximum amount we would go to, and has a garage! Apart from that they are built the same with same specs. Altho this one may not be in such good condition yet which is what i will find out later.

If anyone has any tips or advice i would be so so grateful!

Thank you!

Comments

  • Gingernutmeg
    Gingernutmeg Posts: 3,454 Forumite
    Part of the Furniture Combo Breaker
    As far as I'm aware, if they pull out of the agreement (rather than if you do) then you should get any holding deposits back. You might have to fight though - OH and I were in a similar situation and it took a LOT of phone calls to get the money back.

    Personally, if you're not happy with the way they've dealt with you, then it might be wise to see this as a lucky escape and try somewhere else ... Four weeks is long time to leave you hanging, and as you say you have to give notice etc. Although, lettings agencies are much of a muchess and I can't say I've ever dealt with a brilliant one. Sure there must be some out there lol!
  • silvercar
    silvercar Posts: 50,681 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    Take the new place but insist on the right to sublet the garage.

    Judging by posts on this board in the last few days, you could come out in front. Do your homework but there could be a good chance that subletting the garage will make the new place work out cheaper.
    I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • Lavendyr
    Lavendyr Posts: 2,610 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    They can't keep it, you should get it back. Nor do you have to go for their substitute place. I would get out while you can personally, you've already experienced just how much this LA cares about customer service - i.e. not very much...
  • chappers
    chappers Posts: 2,988 Forumite
    To be fair it is probably not up to the LA. It has been the LLs decision and to be honest, not that I am saying that littlemiss is going to be a bad tenant, if I had a tenant who had always been good paid their rent on time etc and they changed their mind about signing a new contract I would probably keep them on too, as why get rid of what you know to be a good tenant and take the chance with an unknown tenant.
    That said you are not obliged to take any other properties and they must return your money in full.
    In this sort of situation I find sitting in their offices with a good book, refusing to leave, and telling anyone who comes in that they are thieving crooks usually gets you your money back.
  • tbs624
    tbs624 Posts: 10,816 Forumite
    Hi,The problem is we have given our notice to our landlord, and brought furniture for the new place!

    Can you ask your current LL whether you can stay on, or does s/he already have a new tenant arranged?
    Where do we stand in terms of getting our money back? Surely they cant keep it as it was them that pulled out?
    They must refund it in full, unless they can find you another similar standard property. they may try to say that they've already paid out some expenses that they'll have to cover, such as a credit check fee, but that would only be down to you to pay if you were the one pulling out of the arrangement. Be persistent!
    They have offered somewhere else to have a look at, same street etc but slightly more expensive, it would put us at our maximum amount we would go to, and has a garage!
    Alternatively, if you really want to move from where you are or your current LL can't extend your tenancy you could always see if there is room for negotiaion on the rent on this other property - it may encourage the LA to try harder to arrange this with the LL, if they know that you know that you should get back your holding deposit in full;)
  • chappers
    chappers Posts: 2,988 Forumite
    tbs624 wrote: »



    They must refund it in full, unless they can find you another similar standard property. they may try to say that they've already paid out some expenses that they'll have to cover, such as a credit check fee, but that would only be down to you to pay if you were the one pulling out of the arrangement. Be persistent!


    Indeed any fees because the landlord changed his mind should be covered by him.
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