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Ask Alice H Your Own Question

Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2847
Experience:  Partner in national law firm
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Dear Madam/Sir, Real Estate has sent me written Acceptance

Customer Question

Dear Madam/Sir,
Real Estate has sent me written Acceptance Offer for rental of an appartment. I had already paid £400 as deposit so that the property would be taken off the market, they said. It was stated that I have to pay one month in advance £2600 and deposit £3200. I have paid both. As follows, I have cancelled my present tenancy agreement (which had 2 months notice) because now I had a property to move into. This happened a few weeks ago.
Last Tuesday the agent called me saying that the property had been given to someone else. I was in shock and desperate.
I asked for my money back. All I got was today £ 400, but not the rest! No explanation and no answer to my emails.
I have now only a few days left to find a property to move into. For this, I will need the money to pay the deposit etc.
Please could you advise me on this nightmare of a problem please, thank you.
Kind regards,
Dr. Ileana Carmen Carare
Submitted: 2 years ago.
Category: Law
Expert:  Alice H replied 2 years ago.
My name isXXXXX and I'm happy to help with your question today. I need to ask you some preliminary questions to be able to help you.

How did you make the subsequent payments of £2,600 and £3,200?

Do you know if the property was rented out before or after you paid the deposit?
Customer: replied 2 years ago.

Hi Mr Hughes,


Thank you for your response.


The payment have been done by Internet Banking.


The Deposit sum has been paid before the news that somebody else has got the apartment. He called me to tell me that dreadful news last Tuesday the 6th of May, while I was visiting my daughters in Norway, and I had paid the deposit the week before. The agent is very rude, and I can not get anywhere by talking to him. I have sent him emails stating that I am still waiting for the money, but he does not answer.


I am hereby sending you the Acceptance Offer with all details, which we had signed when they sent it to us, weeks ago.


Thank you,


Kind regards,


Ileana Carare

Attachment: 2014-05-13_120442_confirmation_of_offer.pdf

Expert:  Alice H replied 2 years ago.
Thanks for the additional information.

The agreement that you had with the agent was a binding contract: they made you the offer of a property which you accepted and paid the sums due. The agent is in breach of contract by pulling out of the deal and you have the right to pursue him for any losses you have incurred as a result of this breach.

I suggest that you immediately send a letter by fax and post marked 'letter of claim' requesting a refund of the balance of monies due to you. With that letter you should enclose confirmation of the bank transfers so there is no doubt that the sums have actually been paid. You have to allow the agent a reasonable period of time to process the refund so I suggest a maximum of 7 days.

If the money is not refunded to your account then you can complain about the agent to National Association of Estate Agents, which is their regulatory body, and the Property Ombudsman. If this does not work then you can sue the agent for the money using the Ministry of Justice online claim system.

I'm afraid there is no speedier solution. You can continue to send e-mails and make calls - you have the right to chase up the agent for the money they have taken from you. But I suspect such e-mails will be ignored until you send a letter saying you are intending to complain and/or sue.

Here is the NAEA website:

Here is the Property Ombudsman website:

And moneyclaim online:

I hope this helps. Happy to discuss further if needed.

Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2847
Experience: Partner in national law firm
Alice H and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you very much for your precious information Mr Hughes.


I will do exactely as you advised.


It is highest probable that I will contact you again.


Kindest regards,


Ileana Carare

Expert:  Alice H replied 2 years ago.
My pleasure. All the very best. Alex

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