Misinformed of admin fees by letting agent

[tim321]

Hello all,

 

I went to view a residential property yesterday to let. Whilst at the property the agent showing me around stated that the total fees that would be charged would be around £300 to £350. She did not give me anything in writing.

 

I really liked the property and as soon as I left called the office and paid the £300 holding deposit (seems a bit high to me), as there were other people viewing the property straight after so I wanted to make sure I got in there fast.

 

I got a call about an hour later from the agent saying that the other people who viewed the property after me had upped the offer by £25 per month and that if I wanted to guarantee the property then she suggested also raising my offer to this amount.

 

I thought about it and really liked the property so agreed.

 

Today I went into the office to pick up my receipt for the £300 holding deposit and the application forms. I asked the lady in the office to clarify the fees and she then told me that they totalled £540!! A whopping £190 more than what was quoted to me whilst viewing the property.

 

I'm not sure that I can afford these fees but now they have taken the excessive holding fee, I am worried that this will not be refunded.

 

They haven't provided me with any terms and conditions and I haven't signed anything.

 

Please help!

 

Thanks

[Ed999]

My comments apply only if the premises are entirely within England and Wales, and only if you are over 18 years of age.

 

This posting is supplemental to the information in this forum's "sticky" threads and is NOT to be read in isolation.

 

 

For a contract to be validly created, and therefore legally binding, there must be-

 

(a) an offer to reserve the property, made by the landlord or his agent;

(b) an acceptance of that offer by the tenant;

© a payment, usually of money, by the tenant;

(d) an intention to create legal relations - something that is presumed to exist, unless the landlord and tenant are related to one another, by blood or marriage.

 

A contract is valid even if verbal. Payment of money to the agent might be the point at which the verbal contract becomes legally binding. The agent would be legally bound by the terms agreed prior to that point; those terms could not be altered later, except with your agreement.

 

The fact of payment being made and accepted tends to prove the amount of the agreed holding deposit. So if payment was made by cheque, or by a credit or debit card, there is hard evidence of the agreed amount.

 

There might be a practical difficulty in proving the other terms and conditions of the holding contract, if everything was verbal; but some written evidence may exist, such as a newspaper advert that you found the property through, or any paperwork given to you by the agent.

Edited June 11, 2011 by Ed999