Letting agent fees/disclosure

[MissMalice]

Letting agent charges £250 application fee.
Applicant was made bankrupt 2 years ago.
Applicant discloses bankruptcy to letting agent. Agent advises not to disclose it to landlord.
Applicant pays fee and applies for property.

What happens if landlord now discovers bankruptcy and refuses the application. Letting agent says if tenancy doesn’t go ahead the applicant gets refunded £150 - but applicant has been open and honest. Is this letting agent just screwing the applicant out of £100?

No idea, I'm afraid OP but bumping for you in hopes someone will be along soon.

Anyone?

If your application is declined based purely on information you disclosed before submitting your application (and not because of that plus other issues flagged up in referencing) then you should be reimbursed.

Praise the lord these fees are being banned in a few short weeks 🤞🏻

The fees are not being banned though. The landlord pays them. The landlord can take a week's rent holding deposit. If the tenant passes the holding deposit isnused as part of the proper deposit or first week's rent.

However if the tenant fails the check or withdraws then the landlord can deduct the check fees from the holding deposit and return the rest.

Has the bankruptcy been discharged yet? If not the applicant and agent would be acting fraudulently if they fail to disclose ot to the landlord.

Yes the bankruptcy was discharged after 12 months. Bizarrely a CCJ that fell inside the bankruptcy has shown up on searches but the bankruptcy itself hasn’t.

I would give an agency a very wide berth which is suggesting this. The agent is probably in breach of contract with the landlord for failing to take due diligence and witholding facts, and the applicant is proposing to enter into a contract with the landlord by misrepresenting their position. With agents and tenants like these the landlord doesn't stand a chance, not to mention invalidating landlord's insurance.

If the CCJ has been paid off you can apply with a small fee (it used be a £1 but I suspect its probably a fiver now!) for it to be taken off the records.

I think you can only have a CCJ removed if paid in full within 30 days, otherwise it stays on the credit file for 6 years