Where do I stand? Letting agent related.

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Ok, let me start by saying this isn't a manchild "help me OcUK, you're my only hope" thread. The first thing I'll be doing on my day off is heading to the letting agents in person and then the CAB if I get nowhere.

Basically my partner and I are moving in together. On roughly the 25th of August we went to a viewing at a nice little flat and decided to take it. We paid the retainer and were told we could move in on September 10th.

Over the next few days we went into the offices of the letting agent to fill out forms and provide references and such, this was all completed by the 27th or 28th.

Fast forward to yesterday and my partner popped into the office to pay our first month of rent and the deposit - she was told that neither of our references were complete as our employers hadn't responded so we couldn't proceed with the move.

This morning both my partner and I visited our respective HR departments and were told the same thing - the forms from the estate agents had only arrived today, posted yesterday.

Now I've just come off the phone with the lettings office (a surprisingly calm call considering how angry I am with them) who informed me that references take 7 working days to complete. This potentially pushes the move to next Saturday. "So what?" You may think, "a week isn't that big a deal", well the kicker is that the lettings agents told me that there'd be a £58 charge for each day past the 10th proceedings were delayed.

So, my issues are:

  • We gave them almost 2 weeks to get our references, they only started trying to contact them yesterday.
  • They've already had the cheek of charging £150 for reference checks, a task which they have failed miserably at completing.
  • Both my partner and I have taken a weekend off work for nothing.
  • They forced our moving date back, which is annoying when we both work odd hours.
  • And finally, they want to charge us £406 for this service in late moving fees.

As it stands now I'll be speaking to them in person, refusing to even consider paying any late fees they have forced us to incur and hopefully getting the £150 reference checking fee removed.

So good people of OcUK, any thoughts, advice or experience of matters such as this?
 
it's their fault so dont pay it. You wont get the reference checking fee back though.

Also, a charge for what??? they arent losing money. Sounds very much like a 'penalty' clause which is not legal under uk law.
 
No advice for you but good luck with those slime-balls.

Ha, cheers.

it's their fault so dont pay it. You wont get the reference checking fee back though.

Also, a charge for what??? they arent losing money. Sounds very much like a 'penalty' clause which is not legal under uk law.

This was what I was thinking. When I was on the phone the woman I spoke to couldn't give me a proper reason or justification for the charge.
 
Did you sign anything agreeing to the late moving charge if reference are not completed in time? Insist on speaking to the branch manager as it doesn't sound right.
 
Did you sign anything agreeing to the late moving charge if reference are not completed in time? Insist on speaking to the branch manager as it doesn't sound right.

It doesn't matter if he signed or not. Penalty charges are not legal. So as long as it is a penalty charge*, tell them to do one.

*you might have to get a judge to decide this**

**I have no legal training blah blah
 
Did you sign anything agreeing to the late moving charge if reference are not completed in time? Insist on speaking to the branch manager as it doesn't sound right.

Nothing signed that mentions it yet. All they have from me so far is the £200 retainer and forms giving our personal details, references etc.

We can't submit any contract until these checks are completed.
 
Request information as to why the references were not actioned the same day that you provided the details given their knowledge of the move-in date.

Ask them for a full breakdown of the costs that they are incurring relating to the £58 charge.

Make it plain that you will pay all reasonably justifiable and itemised costs that are not due to breach of agreement or otherwise negligence on their behalf.

Amleto is correct, penalty clauses are generally not actionable - though liquidated damages are so check the wording.
 
If you paid them to do the referencing two weeks before the moving date, they were aware it takes seven working days, and now it's delayed because of their slowness, I would refuse to pay any late charges. If I was feeling cheeky I would even dispute the initial charge on the grounds that they'd inconvenienced me by failing to provide the service I'd paid for.
 
Letting agents. Are there any that aren't completely incompetent at doing anything, other than trying to scam people out of money for nothing?
 
Mine managed to provide photographic and written evidence that the landlord was lying about damage he claimed we caused, so we were able to get our full deposit back when we left... which was nice. The damage was clearly visible in the advertising pictures the letting agent took before we moved in!
 
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