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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31768
Experience:  Over 5 years in practice
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On Saturday the 25th of July i placed a £350 reservation

Customer Question

Hi,
On Saturday the 25th of July i placed a £350 reservation fee to Haslams estate agents in order to let a property over the telephone.
I received an email later on that day to say the below with an attachment for me to sign which i have not signed. At no time before the payment was taken was i told the £350 is not refundable if the process cannot be completed by myself or the landlord. Please see below.
We have taken £350 from you which is held as an initial payment, it's a reservation fee for the above property and does not oblige our client to let the above property or any property to you. The reservation fee is a token of good faith and is to be held whilst references are being processed in connection with a prospective letting. Please see attached the relevant documents in regards ***** ***** reservation fee, as well as the breakdown of costs for the prospective let.
If satisfactory references have not been received within 14 days, we reserve the right to re market the property and find alternative Tenants, at which point no refund of the reservation fee will made.
If for any reason you decide to withdraw from the letting or your references are not satisfactory the reservation fee will not be refunded.
If the prospective letting proceeds then the reservation fee will be applied towards the agency fees in respect to the letting.
Should the Landlord decide not to let the property, a refund of the reservation fee will be made subject to any necessary deductions for administration/reference applications.
To enable us to progress with the let please confirm by return of email that you have read & confirm the above.
In regards ***** ***** references, you will each receive an email from a company called Rent4sure, please complete the form they send and return it as soon as possible.
My colleagues in the property management team will now be processing the let through to the agreed move in date. If you have any queries in regards ***** ***** prospective tenancy, please contact them via email on***@******.***
My personal circumstances have noe changed and i need to withdraw. They have done reference checks and emailed me contracts to sign but i have not signed anything?
I can appreciate that a certain amount of work has been done in the last 48hrs however i feel a little bit mis sold to. Where do i stand legally in getting my £350 back?
Id dearly like a response from you before i go back to the estate agents today?
Regards
Matthew xxxxxxx
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
Did you realise that the £350 was non returnable?
Customer: replied 2 years ago.
no