Any Estate Agents on here ... advice needed ?

[nwgull]

Thats the case with a private letting, but is it the same when going through an agent? I temp'd for a lettings agent a few years ago, and he didn't put the deposits into the government scheme, they just sat in one of his many bank accounts. Letting Agts are a nightmare, its always either the Landlord or the tenant that pays - whilst the agent just sits and collects their %.

You're correct, when a property is managed by an agent they usually act as the 3rd party and hold the deposit. However, there's still no reason for them to hold on to it any longer than required.

Letting agents managing properties really is money for nothing. When I first let my flat, I was a bit naive and unsure about legalities so had the agents manage it for me. However the only 'management' they did was to have the tenant pay rent by DD into their account, charge me 10%+VAT, and then transfer the remainder to my account. I soon realised that it would be way better to cut out the middle man and have the tenant pay me direct, although the agent did try and tell me that I couldn't do this!!!

Another thing to look out for is that at the end of your Assured Shorthold Tenancy period, typically 6 months, the tenancy will automatically becoming a periodic tenancy. In this case the same contract applies and the landlord still has to give the tenant 2 months' notice, and the tenant has to give 1 month's notice. Agents will however try and charge both landlords and tenants an admin fee at this stage, for doing precisely f*** all. Don't pay it, and don't fear any threat of civil legal action as they would not have a leg to stand on.

 

[Herr Tubthumper]

You're correct, when a property is managed by an agent they usually act as the 3rd party and hold the deposit. However, there's still no reason for them to hold on to it any longer than required.

Letting agents managing properties really is money for nothing. When I first let my flat, I was a bit naive and unsure about legalities so had the agents manage it for me. However the only 'management' they did was to have the tenant pay rent by DD into their account, charge me 10%+VAT, and then transfer the remainder to my account. I soon realised that it would be way better to cut out the middle man and have the tenant pay me direct, although the agent did try and tell me that I couldn't do this!!!

Another thing to look out for is that at the end of your Assured Shorthold Tenancy period, typically 6 months, the tenancy will automatically becoming a periodic tenancy. In this case the same contract applies and the landlord still has to give the tenant 2 months' notice, and the tenant has to give 1 month's notice. Agents will however try and charge both landlords and tenants an admin fee at this stage, for doing precisely f*** all. Don't pay it, and don't fear any threat of civil legal action as they would not have a leg to stand on.

I got wind of the fact that Leaders charge £30 for a rental reference. A lovely couple moved out of a flat of mine and Leaders wanted £60 off them to provide the reference. I told them to send the reference to me direct...and it took me all of 20 seconds to fill out an online questionaire on my iPhone whilst I was sitting in The Evening Star.

 

[Eagle Slayer]

Today me and my GF viewed a house and liked it and decided we would like to lease it ..... before closing time we paid £390 cash to the estate agent ... £195 each for "admin and credit check" on us ..... we had to sign a form showing what we would need to pay at the time of moving in if checks on us were ok , we are now having serious doubts and wondered if we phoned the estate agent first thing in the morning what the chances would be of recouping our money back would be ? They only took a copy of ID from my GF so had no details of our employment which we were due to complete tonight on forms they gave us so assume they couldnt have started their checks yet ? Thanks for any advice

phoned them first thing this morning , no luck they wont return money, they say the money we handed over is a holding fee , at the time we were told this was infact for credit checks on us both and would be non returnable if we failed the checks .... nothing about it being non returnable if we changed our minds . They hadnt even started their checks on us and still would refuse to return money .... going to CAB later but not holding much hope ..... feel we have been very misled by them . Phoned another estate agents and asked their opinion and they said they would have returned the money

 

[Herr Tubthumper]

phoned them first thing this morning , no luck they wont return money, they say the money we handed over is a holding fee , at the time we were told this was infact for credit checks on us both and would be non returnable if we failed the checks .... nothing about it being non returnable if we changed our minds . They hadnt even started their checks on us and still would refuse to return money .... going to CAB later but not holding much hope ..... feel we have been very misled by them . Phoned another estate agents and asked their opinion and they said they would have returned the money

*****.

This process is so open for abuse. What is to stop them getting folk to part with their cash and when the checks have come back saying that in their opinion you are not suitable?

See what the CAB have to say. And remember, there is always the small claims court for dealing with chancers like this lot...and make sure next time you call them ask for the address to send legal documents to as this always gets the communicaton lines flowing ;-)

 

[Eagle Slayer]

*****.

This process is so open for abuse. What is to stop them getting folk to part with their cash and when the checks have come back saying that in their opinion you are not suitable?

See what the CAB have to say. And remember, there is always the small claims court for dealing with chancers like this lot...and make sure next time you call them ask for the address to send legal documents to as this always gets the communicaton lines flowing ;-)

They said they are complying with the Estate Agents guidlines but we feel we were not told what were paying for clearly (our fault maybe) and the fact they wont return any cash despite not doing what they were originally asked to do. They say it was a "holding fee" despite still advertising the property for rent during last night.

 

[ikari2001]

phoned them first thing this morning , no luck they wont return money, they say the money we handed over is a holding fee , at the time we were told this was infact for credit checks on us both and would be non returnable if we failed the checks .... nothing about it being non returnable if we changed our minds . They hadnt even started their checks on us and still would refuse to return money .... going to CAB later but not holding much hope ..... feel we have been very misled by them . Phoned another estate agents and asked their opinion and they said they would have returned the money

As only 1 day has passed since you put your money down, and if no work could have been carried out as no referencing forms have been completed, I think that it is rather harsh to withold all your money. Alot of goodwill has been lost I suspect, as £390 is a heck of alot of money to lose. How likely are you now to go back to them after this?

 

[Eagle Slayer]

As only 1 day has passed since you put your money down, and if no work could have been carried out as no referencing forms have been completed, I think that it is rather harsh to withold all your money. Alot of goodwill has been lost I suspect, as £390 is a heck of alot of money to lose. How likely are you now to go back to them after this?

with a hammer on his bmw perhaps lol

 

[nwgull]

Sounds like a valid case for the small claims court. The first stage is to send them a recorded delivery letter saying that you intend to take this to the small claims if they don't return your money within a week. As I've said previously, letting agents are chancers with charging for anything they can, whether legitimate or not. They'll probably back down and pay you back once they realise you're not naive.

Google small claims to show you how easy the process is, and also a standard example of the sort of wording you need to include in your letter.

 

[The Wookiee]

My advice, if looking for a rental property, is to find a private landlord. Use local press, Gumtree Friday ad etc. Most don't do credit checks and no fees just a deposit and a months rent in advance.

 

[Eagle Slayer]

they have since phoned and offered £240 back of the £390 , apparently they had already started credit checks even though they hadnt at the time we phoned up and cancelled.

 

[Shropshire Seagull]

Looks like a simple claim under contract law. If you have paid for something you never got that's a failure of the contract and both parties should be put back into the position they started - ie you have the £395 back in your pocket. CAB should confirm this. Only if the agent can demostrate they have incurred costs, sould this be deducted from your refund - but they can't keep it all ....

 

[WATFORD zero]

they have since phoned and offered £240 back of the £390 , apparently they had already started credit checks even though they hadnt at the time we phoned up and cancelled.

1/ Tell them that you've taken legal advice and that you will have to refuse this and will only accept the full amount.
2/ Don't tell them that the advice came from NSC !

(The fact that they've made the offer means that they know they are in the wrong. If they won't refund in full then small claims way to go)

 

[Mutts Nuts]

they have since phoned and offered £240 back of the £390 , apparently they had already started credit checks even though they hadnt at the time we phoned up and cancelled.

Take it and put the loss down to experiance

 

[Ernest]

Take it and put the loss down to experiance

Exactly, seeing as the OP originally agreed to the credit check etc and the associated fees