lynnxa

some people I know have been house hunting for a new rental


they paid an agent a 'viewing fee' - I hadn't heard of that before - just a couple of hundred I think (they're are being cagey about just HOW much)


so all well & good - they found a property they liked & stupidly gave the agent well over 1000 euros as a deposit/holding fee


less than a week later they had to pull out due to a change of circumstances which could have risked breaking the contract at a later date

better to pull out now, they thought, as they are responsible enough to not enter into an agreement which they might not be able to keep

yes, you've got it - the agent is refusing to give the money back!!!


is there anything they can do?


apparently nothing was signed

I've suggested denouncing them - going to the papers - or at the very least asking for the complaints book!

missile

EA are not top of my christmas card list but I don't agree that this is a scam.
For a car, new furniture, holiday etc - you pay a deposit would you expect to have it returned?

jojojojojo

Yes, if I couldnt go - unless it is quite clear that its non refundable before paying???? Also there is a legal "cooling down period", whereby either party have a certain amount of time to change their minds in the UK, is this an EU regulation too???

Jo xxx

whitelinen

Does this mean there is no paperwork whatsoever including no receipt detailing what the money was for? No newspaper will print a story without proof that money had been paid and what for.

Rent and breakages deposit is usually paid direct to the owner, if the rent was 500 pm the 1000 could represent the agents fee i.e 2 x monthly rent.

littlelambfound

So...they handed over the readies...and nothing was signed. In Internet speak, that's a FAIL.

jojojojojo

It does sound a tad stupid doesnt it!!??? Was this a reputable agents??? Cos I dont believe a reputable agent would take a huge sum of money without any guarantees ???????

Jo xxxx

missile

"Yes, if I couldnt go -" nothing to stop you asking

Can you point to a link for this legal "cooling down period" in the UK?

In my world a deposit is forfiet if you change your mind.

jojojojojo

No I cant find a link, altho google has a lot of references to it! But it was pretty much known in the UK when an agreement is signed or a promise made that under most conditions there is a period of time in which either party can change their minds


Jo xxx

jimenato

The owner could well have lost a letting opportunity in the intervening week. The deposit/holding fee was precisely to try to avoid the renter reneging on the deal. What does anyone think a holding fee is for?

jojojojojo

If its being held for a week, then the holding fee should be for a weeks rent!!

Jo xxx

jimenato

http://www.contractsandagreements.co...-refunded.html

It seems that cooling off periods don't usually apply to tenancies.

agoreira

One of the lawyers on another site said much the same, no cooling off period on rentals.

jojojojojo

So its down to a gesture of good will on the part of the estate agent and we all know about their "goodwill"!!! Hhhmmm, I used to advise using them, maybe my viewpoint is changing

Jo xxx

missile

I think you may be thinking of the distance selling regulations which do allow a 14 day period. AFIK there is no period of grace when you are present at the point of purchase.

lynnxa

so everyone seems to think it might not actually be illegal


it seems immoral to me though - even if it was 'on hold' for a week - surely keeping the equivalent of a month rent is a bit OTT!?