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Good old letting agent beef (halp?) 11:50 - Jun 22 with 3461 viewsmonytowbray

So I'm moving to London next month into a the flat my GF and her mate already live in (replacing her other mate who is moving out).

Landlord gave the go ahead and I paid my referencing fee. But yesterday the landlord has decided to let the place to someone else so we've all got to look for somewhere else.

However, the letting agent is saying my referencing fee is non-refundable, despite not stating this in the email when they requested it and having no T&Cs of service on their site (trust me, I've crawled the thing inside out with software I use every day at work!). At this point I have not signed anything other than the referencing document digitally to declare the information I provided was correct.

Surely by law they have to refund me under consumer rights? The referencing fees are a first payment in the process of them providing me a place to live (I wouldn't pay them for referencing fees alone of course), which they have not delivered. I'd also assume if there is a debate to be had as to who needs to provide this refund it would be in the contract between the agents and the landlords.

The sooner their industry gets regulated and torn to shreds the better. Some of the biggest scumbags operating right now, up there with payday loan companies.

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Good old letting agent beef (halp?) on 11:54 - Jun 22 with 3416 viewsclive_baker

Sounds out of order IMO.

Problem is emails and phone calls can easily be ignored, I would think if you turned up at their branch next time you're in the area and kicked off at him you're more likely to get it back.


EDIT: *At least they should work to find you somewhere else, waiving any fee. Unless you've already got somewhere else off you're own back, in which case I would argue they should refund it as they had previously given the green light.

When I moved to London in 2009, I had a right cowboy agent. I signed a contract and he amended it when he got back to his office. The 'admin fee' box had a line through it, then after it was signed and he was back at his desk he added £300 into it. I walked into the branch when they were particularly busy and very vocally called him out on it. He was a right worm and needless to say they removed it and apologised.




[Post edited 22 Jun 2018 12:00]

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Good old letting agent beef (halp?) on 11:59 - Jun 22 with 3412 viewsBluebell

Has the landlord given you the copies of references obtained? If so, you can use those for future applications and this may be why he/they won’t give you a refund.

If not, you should be entitled to a refund of money to use for future applications.

I worked in property rentals for over 12 years and we never charged for taking up references!
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Good old letting agent beef (halp?) on 12:02 - Jun 22 with 3398 viewsReuser_is_God

Refund from an estate agent? LOL

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Good old letting agent beef (halp?) on 12:02 - Jun 22 with 3394 viewsmonytowbray

Good old letting agent beef (halp?) on 11:59 - Jun 22 by Bluebell

Has the landlord given you the copies of references obtained? If so, you can use those for future applications and this may be why he/they won’t give you a refund.

If not, you should be entitled to a refund of money to use for future applications.

I worked in property rentals for over 12 years and we never charged for taking up references!


They've said I can have them, but they can't guarantee another agent will be okay to use them. I would almost certainly imagine another agency would want to do their own referencing for peace of mind.

Agents charge for bloody everything these days, tenants pay out of the arsehole before you've even paid a month's rent and deposit.

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Good old letting agent beef (halp?) on 12:03 - Jun 22 with 3392 viewsmonytowbray

Good old letting agent beef (halp?) on 12:02 - Jun 22 by Reuser_is_God

Refund from an estate agent? LOL


I know, right?

I did win #CarpetGate though!
[Post edited 22 Jun 2018 12:03]

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Good old letting agent beef (halp?) on 12:04 - Jun 22 with 3382 viewsmonytowbray

These threads are one of the few times I actually enjoy hearing from Sparks too haha.

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Good old letting agent beef (halp?) on 12:07 - Jun 22 with 3370 viewsBluebell

Good old letting agent beef (halp?) on 12:02 - Jun 22 by monytowbray

They've said I can have them, but they can't guarantee another agent will be okay to use them. I would almost certainly imagine another agency would want to do their own referencing for peace of mind.

Agents charge for bloody everything these days, tenants pay out of the arsehole before you've even paid a month's rent and deposit.


I know about the charges and that was one of the reason I gave up the work.

The agent (a small local one with 5 office) got taken over by an International one and I left because I could see so many people being ripped off for every penny.
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Good old letting agent beef (halp?) on 12:08 - Jun 22 with 3371 viewsFunge

Ere Callis, could you use the argument that as you've paid the reference fee to this lot, no subsequent reference fees are payable?

Letting agents are pretty bad; a little corner of hatred lurks in my heart for JSM. This was 16 years ago though; maybe I should get over it.
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Good old letting agent beef (halp?) on 12:10 - Jun 22 with 3359 viewsmonytowbray

Good old letting agent beef (halp?) on 12:08 - Jun 22 by Funge

Ere Callis, could you use the argument that as you've paid the reference fee to this lot, no subsequent reference fees are payable?

Letting agents are pretty bad; a little corner of hatred lurks in my heart for JSM. This was 16 years ago though; maybe I should get over it.


Not sure on that front. I've had to do references every time I've moved. Even with the same agents.

Never get over it, they are scum.

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Good old letting agent beef (halp?) on 12:53 - Jun 22 with 3280 viewsuefacup81

I work in the surveying department of a firm of estate agents.

I know that as part of our referencing process, we pre-reference applicants to check that they'll get through the process in the first place (checking salaries, asking about CCJs, anything that would fail them, essentially). Based on that, we say that should the landlord then choose not to proceed with the letting, the fee is refundable. This was the same situation I had with a different firm when I rented my current place earlier this year.

Might be worth a chat with the CAB to see what rights you have.

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Good old letting agent beef (halp?) on 13:35 - Jun 22 with 3221 viewsSouperJim

How did you pay the fee?

https://www.which.co.uk/consumer-rights/letter/letter-to-make-a-chargeback-claim

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Good old letting agent beef (halp?) on 13:37 - Jun 22 with 3210 viewsbaxterbasics

I feel your pain bud. Even I as a free-market libertarian would be happy to see letting agents regulated to the nth degree. Specifically I'd call for a ban on all charges on tenants. They only ever seem to represent the interests of the property owner and so that is where they should send their charges. We have a hard enough job coming up with deposits and moving costs.

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Good old letting agent beef (halp?) on 14:03 - Jun 22 with 3152 viewsNo9

Good old letting agent beef (halp?) on 13:37 - Jun 22 by baxterbasics

I feel your pain bud. Even I as a free-market libertarian would be happy to see letting agents regulated to the nth degree. Specifically I'd call for a ban on all charges on tenants. They only ever seem to represent the interests of the property owner and so that is where they should send their charges. We have a hard enough job coming up with deposits and moving costs.


You are in a market driven economy, get used to it
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Good old letting agent beef (halp?) on 14:23 - Jun 22 with 3133 viewsKeno

surprised at you Callis being the militant vegan that you are

shouldn't that be "Good old letting agent quorn?"

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Good old letting agent beef (halp?) on 14:30 - Jun 22 with 3116 viewsgiant_stow

harsh.

Which part of London did you go for out of interest?

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Good old letting agent beef (halp?) on 14:38 - Jun 22 with 3106 viewsmonytowbray

Good old letting agent beef (halp?) on 12:53 - Jun 22 by uefacup81

I work in the surveying department of a firm of estate agents.

I know that as part of our referencing process, we pre-reference applicants to check that they'll get through the process in the first place (checking salaries, asking about CCJs, anything that would fail them, essentially). Based on that, we say that should the landlord then choose not to proceed with the letting, the fee is refundable. This was the same situation I had with a different firm when I rented my current place earlier this year.

Might be worth a chat with the CAB to see what rights you have.


UPDATE:

I did call CAB who advised calling Shelter, they agree the money was paid in good faith as part of a service with the full service (getting a roof over my head) in mind which they have not delivered. It's housing law and not consumer law, but it is very similar in principle with my issue.

They have said if the agent has not seeked permission for me to join the flat share from the landlord in the first place and are now back tracking after he's said no, they owe me the money. If however the agents are telling the truth and he did change his mind he owes me the money.

Luckily my GF has lived there a while now and has his direct number, but he's not picking up his phone to any of us. I've politely texted him to find out if he did change his mind or not. If he says he did, I need to chase him for the money, if not it's the letting agents. If their stories conflict I need to request written evidence from either party to support their claim.

The good news is no matter what the scenario I am well within my legal right to get my money back and there are channels I can use to take the matter further if they refuse.

Sad that we need a charity to exist that provides this advice to tenants, shows just how f*cked the housing sector is. Although I'm sure it's actually my fault for spending all my money on avocados and tattoos or something.
[Post edited 22 Jun 2018 14:39]

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on 15:12 - Jun 22 with 3058 views_

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Good old letting agent beef (halp?) on 15:14 - Jun 22 with 3050 viewsSpruceMoose

on 15:12 - Jun 22 by _



The last time I dared criticism estate agents on here there was one particularly irate person who, while claiming not to be an estate agent, took extreme dislike to it. I wonder if they will reappear...

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