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wingrovebuyer
wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience:  Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
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Hi, Regarding the application for the rental of a property,

Resolved Question:

Hi,

Regarding the application for the rental of a property, in particular the application fee to be paid by the prospective tenant to the Letting Agent, the Letting Agent's subject to contract form application terms contain the following clauses:

"3. The Prospective Tenant(s) understand that should the Landlord withdraw the Property they will receive a full refund of any funds that they may have paid on application.

4. The Prospective Tenants(s) understand that should The Landlord withdraw the property then there will be no liability on the part of [the Letting Agent] for any costs incurred by either The Landlord or The Tenant."

Would Term 4 override Term 3, i.e. if the Landlord withdraws the property after the application fee has been paid, then the Letting Agent will not be required to refund the application fee?

Regards
Submitted: 3 years ago.
Category: Property Law
Expert:  wingrovebuyer replied 3 years ago.

wingrovebuyer :

Hello. My take on this is that clauses 3 and 4 are not related. Clause 3 confirms that you'll get any fees refunded if the LL withdraws. Clause 4 states that the agent is not liable for costs incurred if the LL withdraws. This means, I believe, costs you incur in preparing to move etc, rather than a deposit or tenancy fees, which would be refunded under clause 3.

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