Letting Agent left me homeless - HELP!

Paddy_Charlie

Hi I've been long time user of site but just registered, i have a problem i was hoping someone could help me with.

I have had a problem with a flat I was due to rent from a letting agent. I signed a pre-lease agreement with the letting agent on the 15/03/08 and gave a holding deposit of £155.
I was due to 31/03/08 and when I called that morning to organize collecting the keys and signing the lease the letting agent said that she just needed to get the other keys off the landlord and that I could get keys after lunch and that this was normal so everything was ok. But the letting agent then called me at 11.30 to say the landlord had let out the property to someone else 2 days earlier. So this left me homeless as the owner of my old flat was moving back in so I couldn’t extend my stay there. The letting agent has done nothing to help my find somewhere new to live or even somewhere to stay while I looked for a new flat.

I currently have my stuff stored in 1 friends home while I am staying on another friends couch. These two homes are miles away from each other so causes a lot of inconvenience to get clothes etc when needed and also it’s a huge inconvenience to my friends. On top of the stress of being homeless I had 2 days off work for the move so lost earnings of £100 a day & also needed a van rented for 2 days at a cost of £120. I also go to University part time and all this disruption is really affecting my work as I can’t find a lot of my work as it’s packed away.

I have been told I won’t be offered any compensation by letting agent or landlord & neither has assisted me after making me homeless. What options are available to me to pursue compensation?
Also who would be responsible? Would it be the landlord for letting it out or the letting agent for negligence?

Thanks in advance.

silvercar

I have been told I won’t be offered any compensation by letting agent or landlord & neither has assisted me after making me homeless

If you were already sleeping on a friends couch, you are already homeless. They didn't make you homeless as you had already left your previous rental.

What options are available to me to pursue compensation?

None.

Also who would be responsible? Would it be the landlord for letting it out or the letting agent for negligence?

Until you sign the lease the property is not yours. Though I would expect that the letting agent should refund any fees you have paid if they can't find you another property.

Paddy_Charlie

Paddy_Charlie wrote: »

So this left me homeless as the owner of my old flat was moving back in so I couldn’t extend my stay there.

I wasn't staying on friends couch before this. As i said had a flat but couldn't extend stay there so had no choice but to stay on friends couch.


As for them not having to do anything. Its a direct reult of there actions that I am out of pocket and in this situation so they should be responsible.

And why if i pulled out of going for the flat would I have lost the £155 holding deposit but when they pull out they don't need to pay a thing even though its left me homeless?

clutton_2

I would focus your energies on finding a new place to live first of all - only then will you feel calm and settle enough to address this issue.

i would have thought the least the agent could do would be to refund your fee

barnaby-bear

clutton wrote: »

I would focus your energies on finding a new place to live first of all - only then will you feel calm and settle enough to address this issue.

i would have thought the least the agent could do would be to refund your fee

Surely a holding deposit means there's an implied or otherwise contract and they took money not to lease the flat to someone else i.e. to "hold" it; and the contract to hold the flat has been broken? I would have thought the small claims would look favourable on a claiment provided they didn't remand excessive recompense...

Paddy_Charlie

clutton wrote: »

I would focus your energies on finding a new place to live first of all - only then will you feel calm and settle enough to address this issue.

i would have thought the least the agent could do would be to refund your fee

I managed to get my fee refunded and I've seen a place that I am going to place a deposit on today so hoping to move in ASAP but with all the checks letting agents have to do it'll be sometime next week before i could move in.

Just all this stuff sorted sooner rather than later because its really stressing me out and I have something wrong with my stomach so stress makes me feel really ill

roguebrogue

We had a similar problem a while ago...

Found a flat we liked and gave them the admin/holding fee.

Hoewever another agency was also showing the flat, and something happened whereby they told the landlord that THEY had already agreed a let.

Anyway, long story short, the agency we were with were very nice about it all and gave us our cheque back asap.

If you pay it, and then decide to pull out then fair enough, your own fault.

But at the end of the day, I think, you shouldn't have to pay for their mistakes.

PasturesNew

Do the written terms you/they signed say that the £155 was a holding fee? Or just credit checks?

I remember specifically when I handed over money that my agent told me that it was "Credit checks and the property is now held for you for one month from today"

Paddy_Charlie

barnaby-bear wrote: »

Surely a holding deposit means there's an implied or otherwise contract and they took money not to lease the flat to someone else i.e. to "hold" it; and the contract to hold the flat has been broken? I would have thought the small claims would look favourable on a claiment provided they didn't remand excessive recompense...

I was thinking along the same lines as you that the fact I gave a holding deposit had some significance especially since I'd have been out of pocket if I had pulled out.

They have returned the holding deposit a few days after i was due to move in. But that doen't really help with the costs I have had with van rental and time off work.

I seen somewhere that I must attempt a ADR(Alternitive Dispute Resoulution) before attempting to go to small claims court. Does anyone know how I'd go about this?

Paddy_Charlie

PasturesNew wrote: »

Do the written terms you/they signed say that the £155 was a holding fee? Or just credit checks?

I remember specifically when I handed over money that my agent told me that it was "Credit checks and the property is now held for you for one month from today"

I can't remember the exact wording on the document I signed as they are sending them out to me and i should get it today but I do have a receipt that says I have paid a 'holding deposit' so it wasn't just for credit checks.

roguebrogue

I think maybe you should just move on and be grateful they returned your deposit.

I know it's been a pain but mistakes happen and they gave you your money back.