Fee paid to letting agents but no tenancy granted

[dekaspace]

I saw a few flats available through an agency but due to my own fault turned up about 10 minutes late to a flat viewing so by that time she had left despite her meant to be showing me around another flat down the road and was in a foul mood with me and moaned at me not bothering to turn up. She did come back about 45 minutes later and made no effort to show me around just took me into the rooms and let me look for myself and seemed like she didnt want to be there.

Anyway I liked the flat but was unsure as it was unfurnished and currently lived in a bedsit and wasnt sure about getting housing benefit as just lost my job(though had about £1000 savings in one bank account with a £1000 overdraft and was £1500 in overdraft at another bank) hence me not wanting to get into more debt.

I found out from my local council that as I am over 25 I am entitled to the full rent paid so phoned up agency who told me I needed to pay a £100 agency fee which I didnt realise but paid and she asked for my references which I didnt realise as never had to do before(but knew some landlords want them) I phoned up 2 people I knew who agreed to be references and the agency sent out letters a few days later to ask, but during this time one of the people who agreed to give me a reference changed their mind but didnt know till about 5 days later as it was the weekend.

So I contacted agency who said it was no problem even though I said it would take a few days to get another reference arranged with someone, this was last Tuesday and I phoned back today to give them the new reference details and to check if they got the other and was told they have let the flat to someone else as they never heard back and had other people interested and could get them into the flat quicker than me.

Now im having problems getting the fee back as they claim it was non refundable but they did give me a receipt so what is my legal rights according to this?

[mind the gap]

What did you sign with the agency which allowed them to take £100 off you?

Whether they must give you it back or not will depend on what it was for, and what you signed. What does the receipt say?

If it was a holding deposit for a particular flat, a flat which they then gave to someone else, clearly you should get it back.

If, however, it was an agency registration fee so they could find you somewhere and they may still be willing to do that, then you may have difficulty getting it back.

Was it for the referencing process?

At some point you will have agreed that they can take £100 off you - what was it for?

[dekaspace]

I cant remember what I signed tbh or if I signed anything, I suffer from a disability so often forget to do simple things like that, the fom just says "admin fee"

I remember filling in my current address in a form they had though.

[mind the gap]

I cant remember what I signed tbh or if I signed anything, I suffer from a disability so often forget to do simple things like that, the fom just says "admin fee"

I remember filling in my current address in a form they had though.

In that case, I'm sorry, I don't know whether you will get it back or not.

Have you asked the agency what it was for? If not, that might be a useful place to start.

[jeffrey]

dekaspace: also see a previous discussion on just this point at http://www.landlordzone.co.uk/forums/showthread.php?t=16997.

[mind the gap]

I may well be wrong but I thought agencies cannot charge a "registration fee" just to put tenants on their books as looking for a property ???

I agree, it seems unethical, but I'm not sure it is illegal. If OP signed something of his own free will to agree to hand over £100 to have his references checked and for the agency to look for a property for him(at some point), then that forms a kind of contract, I suppose.

In any case, the agent may well be willing to return the £100 - OP does not seem to have asked for it yet!

[jeffrey]

See Accommodation Agencies Act 1953. Use http://www.statutelaw.gov.uk/Home.aspx