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  • FIRST POST
    • Luk34
    • By Luk34 11th Jan 18, 8:02 PM
    • 2Posts
    • 0Thanks
    Luk34
    Agency Fees refundable after failing reference checks.
    • #1
    • 11th Jan 18, 8:02 PM
    Agency Fees refundable after failing reference checks. 11th Jan 18 at 8:02 PM
    Hello to all that will and shall read this.

    I have tried to move in with some friends of mine, they are all on the tenancy agreement one of them is moving out and I shall take their place. I spoke to the agency and they asked for 200 agency fee, a week later I find from the landlord that I have "failed" the check and he doesn't want a guarantor and now he just wants me out and the rent is due the next day...

    My friend now has to foot the rent as he is on the agreement and no longer lives there.
    What I am questioning now is what did the agency actually do, they used homelet, can I get my 200 back or a subsidised amount.

    Regards,
    Luke.
Page 1
    • theartfullodger
    • By theartfullodger 11th Jan 18, 8:38 PM
    • 9,591 Posts
    • 12,902 Thanks
    theartfullodger
    • #2
    • 11th Jan 18, 8:38 PM
    • #2
    • 11th Jan 18, 8:38 PM
    That probably depends on the terms agreed on the receipt for their fees or the terms & conditions agreed (or not) when you accepted you'd pay. See
    https://england.shelter.org.uk/housing_advice/private_renting/letting_agent_fees_for_tenants
    Holding deposits to reserve a property

    If you want to reserve a property, a letting agent may ask you to pay a holding deposit while they check your references.
    Paying a holding deposit means:
    • you're committed to renting the property
    • the landlord is committed to renting the property to you, subject to checks
    Don't pay a holding deposit or sign anything if you are not sure that you want the property.
    Before you pay any money, ask the letting agent to confirm to you in writing:
    • how the holding deposit will be used
    • if it will be returned to you (this should happen if the landlord decides not to rent the property to you)
    • if it will be used towards your tenancy deposit or rent
    • if any of their fees will be taken from it
    • when some of it may not be refunded, for example, if you give inaccurate information about yourself (they can't legally keep all of it)
    After you pay a holding deposit, the landlord shouldn't ask you to pay a higher rent than you initially agreed. You have the right to change your mind and get all your holding deposit back if they do.
    You can take the letting agent to court for breaking the agreement if they:
    • refuse to give you back your holding deposit
    • decide not to rent to you when all your references and credit checks were in order
    • Ask to see a copy of the check reports that you paid for... he might have just changed his mind...
    • thelem
    • By thelem 11th Jan 18, 10:49 PM
    • 717 Posts
    • 524 Thanks
    thelem
    • #3
    • 11th Jan 18, 10:49 PM
    • #3
    • 11th Jan 18, 10:49 PM
    You say he wants you out. Have you already paid your first months rent and moved into the property? If so, it may be too late for him to change his mind.

    What had he previous agreed with the tenant who was moving out? If he's given proper notice then I wouldn't have thought the landlord can just cancel that.
    Note: Unless otherwise stated, my property related posts refer to England & Wales. Please make sure you state if you are discussing Scotland or elsewhere as laws differ.
    • Comms69
    • By Comms69 12th Jan 18, 10:01 AM
    • 2,970 Posts
    • 2,939 Thanks
    Comms69
    • #4
    • 12th Jan 18, 10:01 AM
    • #4
    • 12th Jan 18, 10:01 AM
    You say he wants you out. Have you already paid your first months rent and moved into the property? If so, it may be too late for him to change his mind.

    What had he previous agreed with the tenant who was moving out? If he's given proper notice then I wouldn't have thought the landlord can just cancel that.
    Originally posted by thelem
    It definitely is too late
    • Cakeguts
    • By Cakeguts 12th Jan 18, 1:31 PM
    • 4,424 Posts
    • 6,358 Thanks
    Cakeguts
    • #5
    • 12th Jan 18, 1:31 PM
    • #5
    • 12th Jan 18, 1:31 PM
    I just want to check the time line on this.

    Your friend wanted to move out? He moved out and you moved in and then paid the 200 referencing fee but not the rent because your friend had paid the last lot of rent? After moving in and paying the referencing fee you failed the checks but the next month's rent is due and you were expecting to pay that to the landlord but because you have failed the checks the landlord is asking you to leave his property?

    Did you pay any rent to your friend for the time that you were living in the property that your friend had paid the rent for?

    I am assuming that you didn't pay any rent to the owner of the building or his agent is this correct?
    • Margot123
    • By Margot123 12th Jan 18, 1:57 PM
    • 844 Posts
    • 869 Thanks
    Margot123
    • #6
    • 12th Jan 18, 1:57 PM
    • #6
    • 12th Jan 18, 1:57 PM
    Are you the same 'Luke' who posted the other day about wanting to move in with Grandad in his council property?
    • Luk34
    • By Luk34 12th Jan 18, 2:58 PM
    • 2 Posts
    • 0 Thanks
    Luk34
    • #7
    • 12th Jan 18, 2:58 PM
    • #7
    • 12th Jan 18, 2:58 PM
    Not the same Luke.

    Differennt Luke.

    So this week Monday I started moving my stuff in. Rent was due on Friday (today). Yesterday I found out my references came back and I failed it. Spoke to the landlord and he said no I don't want you here. I am now in the process of moving my stuff back out. My friend who is still listed as a tenant is paying rent even though he is not here.

    If the reference came back I would have paid the rent today and drawn a new contact unfortunately that did not happen. I'm now trying to get some money back from the agency as I paid 200, my guess is 200 is not how much a reference check should cost.

    Should it be partially refundable?
    • Comms69
    • By Comms69 12th Jan 18, 3:08 PM
    • 2,970 Posts
    • 2,939 Thanks
    Comms69
    • #8
    • 12th Jan 18, 3:08 PM
    • #8
    • 12th Jan 18, 3:08 PM
    Not the same Luke.

    Differennt Luke.

    So this week Monday I started moving my stuff in. Rent was due on Friday (today). Yesterday I found out my references came back and I failed it. Spoke to the landlord and he said no I don't want you here. I am now in the process of moving my stuff back out. My friend who is still listed as a tenant is paying rent even though he is not here.

    If the reference came back I would have paid the rent today and drawn a new contact unfortunately that did not happen. I'm now trying to get some money back from the agency as I paid 200, my guess is 200 is not how much a reference check should cost.

    Should it be partially refundable?
    Originally posted by Luk34
    Shame you didn't pay rent earlier.....


    regardless of how much it 'should' cost that is what it costs.


    Your phone doesn't cost 600 to make...
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