Tenancy help!

[sillymillyb]

Please can anyone in the know give me some advice please?!

I put a deposit down on the 12 month lease of a property on 14th Feb, and then dropped in the paperwork with the agent monday the 18th for the rent checks etc to be done from.

The proposed move date is April 1st, and I contacted the agent last week to see how things were progressing.

The agent advised me that the paperwork has been lost, and that she will sort it out on monday but that the proposed move date of April 1st should still be fine.

I've just checked on rightmove and can see that the property I have put the deposit down on has been relisted at a higher rent (£50 more) and is also for sale by auction.

I feel awful, like I have no security! I know they can sell the property with tenants in situ, but are they allowed to advertise it as still for rent?? What if some one else had / has put a deposit down on the property too?

Does anyone know where I stand with this? I feel so unsettled that I don't know whether to walk away from the property but I can't afford to lose the deposit, and similar houses in that area rarely come up.

I am desperate to avoid moving my son, then having him move again.

Any advice?? Thank you in advance - I'm all a flap!

[Mabelface]

They're taking their time. I'd be in to the agency several times a week until you've got the paperwork in your hand.

[sillymillyb]

So they can take my deposit and then re-advertise it as a higher rent? Ahhh crap.... It just makes me feel that although I could hassle them to get the paperwork, what am I walking in to if they are going to be like this as landlords...

This is the first time I've moved with my son, and I feel so responsible for choosing the right place and not mucking it up :(

[sillymillyb]

Thank you for replying by the way, sorry!

[sillymillyb]

A cheeky bump.... any one know if they are allowed to do this?? Thank you in advance :)

[OldLadyKnowsNothing]

Did you sign a contract when you put your deposit down?

[OldLadyKnowsNothing]

And, can you see the auction listing?

[sillymillyb]

I haven't got a contract I don't think - I've just looked and I have a signed receipt for a "non-refundable holding fee" and then the properties address, and I have a copy of the paperwork that they needed for the rent checks, which has the tenancy details listed but no actual contract.... bugger :S

[sillymillyb]

Oh, and yes, I can see the auction listing - it's on rightmove! It is also up for rent again though, so I'm just really confused!

[RugBugs]

Is it a reputable agency?
This is a well known scam, taking holding deposits and fees from multiple would-be tenants.

[OldLadyKnowsNothing]

When is the auction - before or after your entry date?

[HugeSigh]

You should talk to shelter and see what the legal side of things are.

Did you get a receipt when you paid your deposit? Deposits are supposed to be put into a deposit protection scheme but I don't know how that stands with you not being moved in yet.

The other thing that might be happening is that the agent has messed up and not mentioned you to the owner. They may be covering themselves and will produce you at some point with an offer of slightly lower rent. It sounds odd but it wouldn't be the strangest thing I've seen from an agency!

[sillymillyb]

That thought had crossed my mind. They are a really small agent, and I had never heard of them before now.... I went to their offices, but they were part of a large building and had no sign up. Apart from that though, they seemed professional.

It's sounding dodgy isn't it?

I'm really gutted, I was so hoping this would be the fresh start me and my little one needed, I can't afford to lose this money. Bugger, bugger, bugger :(

Thank you for your help everyone, I can't believe I've been such an idiot.

[sillymillyb]

x posts!

It doesn't say the auction date - just that its an auction property. I will call them tomorrow and see what they know.

I'll have a chat tomorrow with Shelter, it never occurred to me about them. Thank you.

I'm really hoping they have messed up, but even so, it has really knocked my confidence. I was assured this was a long term let property from a professional LL and I could stay years. Now its all looking up in the air to if I can even move in!

[RugBugs]

If it is a scam, and I really hope it's not and that their admin is just shit, they will most likely turn around and say that you failed the pre-tenancy checks and of course your holding deposit will not be returned.

It's not uncommon though for agencies to keep properties as 'available' if they are likely to bring in enquiries. A bit like the estate agency practice of putting up boards where there is no house for sale.

[nancy75]

Years ago we put a holding deposit on a house, passed all the checks, went in on the day we were supposed to move in to pay the rest of the deposit and get keys only to find they had let it to someone else who was moving in! I had spoken to them the day before and it had been all fine. My advice is get your money back and find somewhere else, if it's trouble at the start it won't get better.