Where do I stand?

Cheetah Designs · 26 Jan 2013 at 18:40

I am in a massive pickle here and in I will name and shame as well once it is sorted.

I have signed a tenancy agreement with an agency and moved in today. I paid my deposit, agency fees and first months rent.

Whilst I was moving another agency turned up to try and move their client in producing a contract. There is a lot of arguments, the police were called and now all the agencies have left.

I am stuck in the room with the landlord and the other tenant. The landlord says she never signed an agreement with my agency. My agency are yet to provide a hard copy of my tenancy agreement and I don't have one on me either.

What do I do?

Cheetah Designs · 26 Jan 2013 at 18:45

My agency will not refund my money I have already asked!

My agency have my money!

Cheetah Designs · 26 Jan 2013 at 18:56

Dimple said:
Well they need to provide your contract, if not then you are entitled to your money back.

I presume you have written documentation that you parted with money?

I do have some documentation.

Cheetah Designs · 27 Jan 2013 at 19:57

Think it's obvious that I need to be sueing someone to get my money back, don't know who to start with.....the whole thing is a bit fishy.

Anyone dealt with a no win no fee service they can recommend?

Can anyone link me to some information on what constitutes a legally binding contract? Because I've just realised all they have from me is a photocopied tenancy agreement with my signature on it and not the landlords, surely the fact they only have a photocopy of my signature means nothing!

My agency deal with several tenants in the let who have had contracts for months....I think the agency has been around a while

Cheetah Designs · 27 Jan 2013 at 21:11

Stayed at a mates last night. Police said it was a civil matter. When the agents were starting to get physical I called the police and the police got all the agents (from both sides to leave)

I have keys to the property, that's how I got access, but then again so did the other tenant.

I didn't know about moneyclaim.gov.uk, but I want all my money back anways

Cheetah Designs · 28 Jan 2013 at 07:15

chid76 said:
The agency can create a legally binding tenancy agreement without the landlord signing the tenancy, as long as they have signed terms and conditions between them and the landlord that allows them to do so. It's actually quite rare to have a landlord sign the tenancy if they have instructed an agent.

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...

Cheetah Designs · 28 Jan 2013 at 09:55

DanielMMS said:
Retrospect is a wonderful thing but you should never pay anything to an agent or LL until you have in your hands an original copy of a fully-executed contract, ie signed by all parties.

What documentation do you have? Part-signed contract? Receipts? Any letters?

How would I know it was a fully executed contract if the Agency can sign on behalf of the landlord?

Cheetah Designs · 28 Jan 2013 at 12:18

wnb said:
I would have never left the property until it was resolved. Police said it was a civil matter. who arrived first you or the LL?

I had my girlfriend there at the time, if she wasn't there I would have done exactly this.

Given how all the agency staff behaved, I feared for her safety. It was ridiculous, they all called all of their friends down aswell.

Cheetah Designs · 28 Jan 2013 at 12:55

Haggisman said:
Was this your agency or the other agency?

Both.

Cheetah Designs · 28 Jan 2013 at 14:10

chid76 said:
So what has happened so far today? Have you spoken to the agents?

Refuse to speak to the agents anyways...it will not help get anything done. I had already spoken to the boss of the agency on Saturday who said I weren't getting any money.

Everything now will be done via email, fax and recorded mail.

Cheetah Designs · 28 Jan 2013 at 14:37

Hades said:
I'd definitely be reporting this as a theft.

But they said it was a civil matter when I called them!?

Cheetah Designs · 28 Jan 2013 at 15:19

Haggisman said:
So both agencies were threatening to "get physical" with you... wonder if they're in cahoots

No, neither threatened me.....each other....its a war between them that I am stuck in the middle.

Cheetah Designs · 28 Jan 2013 at 15:30

Haggisman said:
Obviously I don't mean brilliant that you're stuck in the middle - why are you not in their office right now kicking up a stink?

Because I am at work.

Cheetah Designs · 28 Jan 2013 at 15:31

chid76 said:
Is there a citizens advice bureau you can contact? Or was this agency members of any governing bodies like ARLA?
This is starting to sound like they are trying it on and stealing your money which in my book is fraud. Either you are entitled to move into the property or you are entitled to you money back, plain and simple.
Get a copy of the tenancy from the agency that shows you have right to move into the property or speak to the police again claiming fraud?

I've asked and all they have provided me with is a picture of something taken on an iphone.

They are a member of TPOS it would seem.

Cheetah Designs · 29 Jan 2013 at 15:06

Spoke to TPOS today and one of those Telephone legal advice services.

TPOS can't investigate the legal side of things or offer legal advice, but can only investigate the treatment side of things.

Legal advisor said that I had a good case but had to do things formally....so I think I am going to take the legal route.