Letting Agent left me homeless - HELP!

liz545

Paddy_Charlie wrote: »

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?

I think Dispute Resolution applies more to contested tenancy deposits, but I think it would be worth you writing to the estate agents, explaining how you're disappointed that they broke their agreement with you, detailing the costs you've incurred because of their actions, and stating that you hope they'll be able to resolve this issue amicably. If you don't get a satisfactory resolution to this, then Small Claims would be the right place for it, but prior to that I'd see if you could get a free consultation with a local solicitor so they can help you see if your case is likely to succeed:
http://www.bbc.co.uk/consumer/guides_to/court_solicitors.shtml

Paddy_Charlie

roguebrogue wrote: »

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.

Why should i be grateful? They left me homeless and all they did was give me money back that I had given them as a 'holding deposit' when they never held the property.

It wasn't my mistake but and I'm £320 out of pocket without even taking into account all the stress and hassle this has caused for me.

liz545 wrote: »

I think Dispute Resolution applies more to contested tenancy deposits, but I think it would be worth you writing to the estate agents, explaining how you're disappointed that they broke their agreement with you, detailing the costs you've incurred because of their actions, and stating that you hope they'll be able to resolve this issue amicably. If you don't get a satisfactory resolution to this, then Small Claims would be the right place for it, but prior to that I'd see if you could get a free consultation with a local solicitor so they can help you see if your case is likely to succeed:
http://www.bbc.co.uk/consumer/guides_to/court_solicitors.shtml

Thanks I think I am going to contact CAB first to see if they can point me in right direction and possibly give me name of solicitor.

fimonkey

I probably don't have anything constructive to add to this discussion, but I had the same issue happen to me a few years ago. the LA returned the holding deposit but I was still out of pocket and despite hours sat waiting to see the CAB, I was told there was nothing I could do. Not sure if things have changed since then.

However my revenge was to rent another property through the same LA, but turn up to pay my rent and one months deposit (just under £900) in cash... in a mixture of as much small change was legal tender (no maximum for £1 coins, £10 each for 50p, 20p, £5 for 20p and 10p and 20p in 2p and 1p).. Petty I know, but I was quite pleased to waste their time as much as they'd wasted mine!

Paddy_Charlie

fimonkey wrote: »

I probably don't have anything constructive to add to this discussion, but I had the same issue happen to me a few years ago. the LA returned the holding deposit but I was still out of pocket and despite hours sat waiting to see the CAB, I was told there was nothing I could do. Not sure if things have changed since then.

However my revenge was to rent another property through the same LA, but turn up to pay my rent and one months deposit (just under £900) in cash... in a mixture of as much small change was legal tender (no maximum for £1 coins, £10 each for 50p, 20p, £5 for 20p and 10p and 20p in 2p and 1p).. Petty I know, but I was quite pleased to waste their time as much as they'd wasted mine!

Nice I hope you mixed them all together and just gave them a carrier bag:rotfl:

I've just found another place and its with a differnt letting agent so unfortunatly can't use that trick, although was very tempted to make bogus viewing arrangments for their furthiest away properties but thought better of it

lostinrates

Who knows the letting agent knew? sounds like the owner had found a tenent without informing them, perhaps? Its situations like this that make me want to own not rent. I have no idea whther you'd have a valid claim or not. What I would say is that persuing one is stressful an if you are spread thin and have stress related health problems, then the time and stress you extend following a claim could be not worth it in the long run.

Paddy_Charlie

lostinrates wrote: »

Who knows the letting agent knew? sounds like the owner had found a tenent without informing them, perhaps? Its situations like this that make me want to own not rent. I have no idea whther you'd have a valid claim or not. What I would say is that persuing one is stressful an if you are spread thin and have stress related health problems, then the time and stress you extend following a claim could be not worth it in the long run.

I'm don't think they are telling me the full picture of what happened. But I'd have thought the letting agent upon getting my holding deposit would have had to inform the landlord. I'm going to see letting agent on Friday to get her account of what happened in writing. Would the landlord not have to have signed an letting agreement with the agent regarding the property?

It was more the stress of being homeless and finacially as £320 down and I'm gonna need to get van out again n take more time off for move. So haven't really got the money to do that and fork out for deposit as still not got deposit back on last place as waiting on proof of council tax being paid coming through.

So once I'm settled in new place(hopefully next week) I won't mind chasing them down about this because it's a joke how someone can basically leave someone with nowhere to stay at such a short notice and bascially not help them at all.

pinkshoes

Paddy_Charlie wrote: »

I signed a pre-lease agreement with the letting agent on the 15/03/08 and gave a holding deposit of £155.

silvercar wrote: »

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, what exactly did the pre-lease say? (word for word) The wording of this document will be the key to whether you're entitled to some form of compensation for your out of pocket expenses.

Keep all your receipts for anything you had to spend.

I would also go round to this house and speak to the current tenant, and ask when/if they signed a lease, and whether it was through the estate agent or not.

Catblue

I agree that the Letting Agent acted poorly here. Even if they did not communicate with the landlord (in which case, they need to improve their procedures), the least they could have done was to try their utmost to get you another place (even on a temporary basis).

It happened to my cousin, who had left her previous rented house and turned up at the letting agency with a van full of her stuff. The LA then proceeded to tell her that the LL had just let the property to someone else.

The LA in this case did at least have the decency to ring around all other local LAs and they then drove her round to see a few properties. She managed to move into a flat the next day.

The LA gave her the holding deposit back and also gave her a "goodwill gesture" of £75 to cover the hire of the van.

She had the last laugh, though. The tenant that did move into the original flat was unable to make his rent payments and was eventually evicted, owing the landlord around £2000.

Karma.

Paddy_Charlie

pinkshoes wrote: »

????

Paddy Charlie, what exactly did the pre-lease say? (word for word) The wording of this document will be the key to whether you're entitled to some form of compensation for your out of pocket expenses.

Keep all your receipts for anything you had to spend.

I would also go round to this house and speak to the current tenant, and ask when/if they signed a lease, and whether it was through the estate agent or not.

I wasn't given a copy of the document I signed but from memory it was a pre-lease although I can't remember exactly what it said. They were supposed to have sent it off a week ago but I haven't received it yet so I will be checking that when I get it. I have a copy of my receipt which clearly says holding deposit.

I haven't contacted the current tenant as didn't really want to bother her as it wasn't her fault. But letting agent has said that it is a friend of the landlords daughter that he let it to so sounds like no other agent was involved. I will probably try speak to current tenant on weekend

The agent said she can't give me owners details but when I she her on friday I'm going to try get a copy of whatever landlords need to sign before the letting agent is appointed.

Paddy_Charlie

Catblue wrote: »

I agree that the Letting Agent acted poorly here. Even if they did not communicate with the landlord (in which case, they need to improve their procedures), the least they could have done was to try their utmost to get you another place (even on a temporary basis).

It happened to my cousin, who had left her previous rented house and turned up at the letting agency with a van full of her stuff. The LA then proceeded to tell her that the LL had just let the property to someone else.

The LA in this case did at least have the decency to ring around all other local LAs and they then drove her round to see a few properties. She managed to move into a flat the next day.

The LA gave her the holding deposit back and also gave her a "goodwill gesture" of £75 to cover the hire of the van.

She had the last laugh, though. The tenant that did move into the original flat was unable to make his rent payments and was eventually evicted, owing the landlord around £2000.

Karma.

If they had have done that for me then I wouldn't have minded.

But I do love a story with a happy ending