I am in the UK - I went to view a flat and gave the letting agent a holding fee last saturday. The flat needs some repair work so the agent promised it would be ready in a couple of days. But it has been a week now. I have asked him for my money back but he has refused. Its stated on the holding deposit receipt that he gave me that my deposit would be refunded if the work wasnt completed within the stated period. how can i get my money back? I need serious legal advise. I paid £200.
2006-09-30 08:17:09 · 14 answers · asked by supernovaJ 4 in Business & Finance ➔ Renting & Real Estate
I know that this agent is trying to rip me off because he is still showing the flat to other people even after I gave a depoit. My friend inquired about the flat and he said it was available to let! Surely this is a scam.
2006-09-30 08:18:41 · update #1
Do not be fobbed off by this person. I suspect that even paying for a solicitor to send an in intial lettrer is money you haven't got so here goes. Send him a letter as follows:
Dear Sir, On ( date ) I paid £ ( amount ) deposit to secure the tenancy of ( address ).My documents clearly state that I was to be given possession on ( date ). It is now more than ( number ) days past the agreed date and you have not given me possession as agreed. I also believe that you have continued to offer the flat to other people. You are in breach of contract and time was off the essence. I require the immediate refund of my deposit ( or put possession if you still want the flat ). If I do not have an immediate satisfactory response I will commence proceedings in the small claims court without further reference to you. Yours faithfully
Send it recorded delivery from a post office, the slip the post office gives you can be used later to prove your letter was delivered. Then if you don't get your money don't waste any more time on him. go to the citizens advice bureau like others are saying to you. The principle of a small claims court ( s.c.c. ) is to let people exactly like you try and get money owed to them, you can have a friend to assist you, and the amount is exactly what they s.c.c.was set up for and you can claim the cost of issueing the proceedings, for your lost time and for interest on the money he owes you. You might need help in 'enforcing the judgement' if you win & he doesn't pay up but that is another stage.Do NOT go to the Magistrates Court to get you money back, it is a seperate legal jurisdiction. Evidence rules in a s.c.c. are more relaxed and the judge will decide on the balance of probabilities, ie. whose story / claim has the ring of truth about it. With your receipt and your friends evidence I think you are on a winner, just stick it through.
2006-09-30 10:52:41 · answer #1 · answered by on thin ice 5 · 1⤊ 0⤋
Use the yellow pages, or the law society website, to get a free 30 minute appointment with a local landlord and tenant solicitor. They'll probably charge you £50 to write a letter but that will likely get the job done. If not, you can take them to the small claims court, which you can apply for online yourself, and also claim for costs on top of your £200 (i.e. the court fee which will be £30 at this level of claim, and the solicitors fees in writing the letter etc)
Hope this helps - I'm a conveyancing lawyer, so I do know landlord and tenant, although I can't help you myself as I don't handle it, sorry!
2006-09-30 15:21:23 · answer #2 · answered by Andy R 2 · 1⤊ 0⤋
Sounds like the UK has the same type of con artists that we have here in the US! We call them leasing agents (aka slumlords) & you call them letting agents. Do you have a building code & zoning enforcement agency in your country to help you with this creep? It sounds like a clear cut case of fraud & you may have to get tough OR just move in & have him ammend your paperwork, stating that the repairs were not completed & take the price off your next months rent. Good luck!
2006-09-30 15:24:31 · answer #3 · answered by Anonymous · 1⤊ 0⤋
Go to Citizens Advice Bureau, they will be able to help. Alternativly go to your local magistrates court and apply for a small claims court appearance, they will give you the forms to fill in then you give them back to the court, they will set a date of hearing when you and the defendant have to attend, then the judge hears the evidence from both sides, dont forget to take the reciept along its your proof. the judge will then order the repayment to you and possibly compensation on top. Good Luck.
2006-09-30 15:33:36 · answer #4 · answered by Anonymous · 1⤊ 0⤋
If this unpleasant person has a superior- go to the head of the company with your story, and paper-work. If he is self-employed- something of a more physical nature may be required, or, it is time to contact a reputable attorney - (is that an oxymoron?)
2006-09-30 15:23:08 · answer #5 · answered by joye b 2 · 2⤊ 0⤋
definitely go through the citizens advice bureau. I don;t think the amount of money involved is big enough to go through small claims or to engage a solicitor without the help of teh CAB.
2006-09-30 16:06:21 · answer #6 · answered by Anonymous · 1⤊ 0⤋
The C.A.B is the place to start. They will be able to offer you free advice, and i know from my experience of bad landlords that they often deal with issues like this.
2006-09-30 15:39:51 · answer #7 · answered by simon p 1 · 1⤊ 0⤋
Hes trying it on!
It could be treated as a civil or a criminal matter...
Get down to your citizens advice bureau. They will be able to tell you exactly what to do!
Good luck!
(and well done for being sneaky & getting your mate to enquire! Good on ya!)
x
2006-09-30 15:30:57 · answer #8 · answered by Ah! 5 · 2⤊ 0⤋
go to the court and sue them, If you need legal advice try to go to a legal clinic or an organiation that offers legal advice.
2006-09-30 15:26:04 · answer #9 · answered by jm 3 · 1⤊ 0⤋
go to the c.a .b and get them to pursue this i hate it when these people think they can rip you off get legal advice asap c.a.b will use their own team to sort this for you im sure
2006-09-30 15:30:11 · answer #10 · answered by Anonymous · 1⤊ 0⤋