I understand this. Don't they have to have a copy with both my signature in pen and one of theirs.
Currently they only have a scanned copy I sent them.
Speaking with the LL, she has had nothing in relation to me, no references, etc...
I'm quite sure that at least one contract needs to be signed in pen by both parties in front of a witness who counter signs the contract. I think the only reason you would have a faxed or scanned copy is so that you can read the contract in good time before it come to the day on completion to make sure you are happy with the terms.
With regards to the landlord having references for you, it's not unusual for the landlord not to have references because that's part of the job they instructed the agent to do. They might ask to see copies of the references before hand, but a lot of landlords just take on verbal trust that the references have been obtained and that they are good.
When you placed your holding deposit you would have had to fill out some forms with regards to what you do for work, how long you have been there, salary and if it's permanent etc. The agency would have provided this information when they tied up the offer with the landlord and the references would just need to confirm what you have already told them, thus not all landlords ask for physical copies of the references and will just take verbal confirmation.
It's not your responsibility to ask to see proof that the agent has instructions to let a property, there's an element of trust between a tenant and an agency that they have their paperwork in order. Even if you had of asked to see paperwork to see that the agency were instructed by the landlord (the agent having keys is a bit of a give away), and although its a bad thing to do the landlord can pull out of the deal right up until just before the contract is signed.
What's in question is if your agency was in contact with the landlord through the vetting process and actually agreed the terms of you moving in with them? Also if they have signed instruction to let the property?
I also agree with the above that seeing as the agency has all your money and references, ask them if they have somewhere else available for you to move into today? Otherwise, it's on them to sort it out with the landlord for you to move into your original property today or give you back all your money and possibly references (if you obtained them for them) so you can sort somewhere else with another agent asap.
The only reason the agent want to keep the money is so that they can take their letting fee from it for letting the property, but seeing as it sounds like they have not created a legal contract and completed their job to the point of where you are all moved into the property, they have no right to charge the landlord a fee, especially if they have no signed terms and conditions with the landlord.
It's a very bad situation for you that not your fault, and either the landlord or agents are lying to you
) but thankfully a firmly worded email to the MD mentioning "OFT" and "local press" got a full refund before it got to that stage!
, Although I have been out of it for 7 years, I worked in letting for 12 years and although bad situations happen, it was very rarely of my own doing! In fact, I used to get thank you card's and letters of support written to the directors of the company saying what a good job I had done for people.
If you've never had a copy, thats bad.