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Lost my job - lettings not willing to...

24

Comments

  • G_M
    G_M Posts: 51,977 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    ap1985 wrote: »
    As per Paragraph 6j of the TPO Code of Practice any deductions from holding deposits for administration costs must be fair, reasonable and take account of the actual work completed.
    What have I been doing too much of? Either I'm going blind, or there IS no Para 6j !

    https://www.tpos.co.uk/images/documents/rules-codes-obligations/residential-letting-agents/TPOE22-5_Code_of_Practice_Residential_Letting_Agents_A4_-_effective_1_Oct_2016.pdf

    Nearest I can see is
    7c All non-optional fees that will be charged to tenants for the setting up of a tenancy must be disclosed in advertisements
    as directed by the Committee of Advertising Practice.
  • G_M
    G_M Posts: 51,977 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    edited 7 October 2016 at 3:42PM
    So you paid £250 each for referencing, and £250 each holding deposit?

    £250 is, in my opinion, expensive for referencing, but
    * that was the fee they advertised
    * that was the fee you ageed to pay
    * and the referencing you paid for was completed

    So morally, ethically, and legally it seems fair.

    You also asked for the property to be removed from the market, and paid a holding fee for this purpose. The landlord followed the agreement, and removed the property from the market, thereby losing the potential of finding another proceedable tenant.

    When you failed to proceed to take up the tenancy following the change in your circumstances, the LL had to go back to the market and seek a new tenant - almost certainly losing time, and therefore rent, in the process.

    So morally, ethically, and legally it seems fair.

    Of course, from your perspective, this seems harsh, and expensive.
    But refunding your fees would, from the landlord's perspective, also be harsh and expensive.
  • ap1985
    ap1985 Posts: 325 Forumite
    https://www.tpos.co.uk/news-media-and-press-releases/case-studies/item/unemployed-monies


    Opps looks like they got it wrong on their own site!


    I think most of clause 9 is more relevant!
    :jFinally going to be a homeowner:T
  • dranzer01
    dranzer01 Posts: 427 Forumite
    First Anniversary Name Dropper First Post Combo Breaker
    G_M wrote: »
    So you paid £250 each for referencing, and £250 each holding deposit?

    £250 is, in my opinion, expensive for referencing, but
    * that was the fee they advertised
    * that was the fee you ageed to pay
    * and the referencing you paid for was completed

    So morally, ethically, and legally it seems fair.

    You also asked for the property to be removed from the market, and paid a holding fee for this purpose. The landlord followed the agreement, and removed the property from the market, thereby losing the potential of finding another proceedable tenant.

    When you failed to proceed to take up the tenancy following the change in your circumstances, the LL had to go back to the market and seek a new tenant - almost certainly losing time, and therefore rent, in the process.

    So morally, ethically, and legally it seems fair.

    Of course, from your perspective, this seems harsh, and expensive.
    But refunding your fees would, from the landlord's perspective, also be harsh and expensive.



    My apologies. We did not ask for it to be taken off the listings/ads/market

    She just said to us, to move forward she will require a £500 holding deposit... in which we paid

    When we paid that... she then asked for £500 to do referencing... (currently referencing has NOT been completed yet, as I have not withdrawn or said no) - That is what my partner said to me when she spoke to the estate agency....

    So then I just sent them a frank e-mail telling them my situation... effectively trying to plead to their 'better nature'...................


    also, to confirm, we have NOT SIGNED a tenancy agreement. If I still had the job or it were extended, then the tenancy agreement would have been the NEXT STEP.........
  • G_M
    G_M Posts: 51,977 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    ap1985 wrote: »
    No.

    That article was
    Published on Monday, 14 April 2014.
    whereas the current COP came into effect 1st Oct 2016!
  • ap1985
    ap1985 Posts: 325 Forumite
    Well that makes sense!
    :jFinally going to be a homeowner:T
  • dranzer01
    dranzer01 Posts: 427 Forumite
    First Anniversary Name Dropper First Post Combo Breaker
    Guest101 wrote: »
    I'd suggest that your notice would be wrong from work, and contractually you may have longer - check.


    I'd say that your money is gone as they have clearly stated that if references fail it is non refundable and you have failed referencing


    Im not too sure if contractors have different contracts, whether LTD/umbrella/paye or alike...

    but ive gone through my contract and it does state can terminate a contract (with formal written notice)

    then theres a part where it basically says 'if you are fired for work related reasons, you should be given 14 days to rectify that issue'

    as it stands i wasnt given anything.... i was told to leave the same day with 1 weeks notice....


    and now i have to wait for the 'formal letter' to find out what exactly i did wrong....???
  • dranzer01
    dranzer01 Posts: 427 Forumite
    First Anniversary Name Dropper First Post Combo Breaker
    I definitely feel now, thinking on it, getting rid of me on the same day without 1 months notice is wrong... thats something i need to look into

    /


    i also read 'the work - seeker would have to give 4 weeks notice... so i would have to give 4 weeks notice, but the company can get rid of me there and then... how does that work...?
  • GDB2222
    GDB2222 Posts: 24,665 Forumite
    Name Dropper First Post First Anniversary
    G_M wrote: »
    So you paid £250 each for referencing, and £250 each holding deposit?

    £250 is, in my opinion, expensive for referencing, but
    * that was the fee they advertised
    * that was the fee you ageed to pay
    * and the referencing you paid for was completed

    So morally, ethically, and legally it seems fair.

    You also asked for the property to be removed from the market, and paid a holding fee for this purpose. The landlord followed the agreement, and removed the property from the market, thereby losing the potential of finding another proceedable tenant.

    When you failed to proceed to take up the tenancy following the change in your circumstances, the LL had to go back to the market and seek a new tenant - almost certainly losing time, and therefore rent, in the process.

    So morally, ethically, and legally it seems fair.

    Of course, from your perspective, this seems harsh, and expensive.
    But refunding your fees would, from the landlord's perspective, also be harsh and expensive.

    £250 is really high for referencing. I think I usually pay a third of that. I'd be tempted, in the OP's position, to ask for proof that that's what the agent actually paid the referencing agency.

    Likewise, if the landlord does not have a vacant period because he finds a tenant quickly, there is no loss, and the holding deposit needs to be refunded.
    No reliance should be placed on the above! Absolutely none, do you hear?
  • Guest101
    Guest101 Posts: 15,764 Forumite
    GDB2222 wrote: »
    £250 is really high for referencing. I think I usually pay a third of that. I'd be tempted, in the OP's position, to ask for proof that that's what the agent actually paid the referencing agency.

    Likewise, if the landlord does not have a vacant period because he finds a tenant quickly, there is no loss, and the holding deposit needs to be refunded.

    Neither of those have any relevance on the legal position
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