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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I completed an application for a tenancy of a house on 28th

Customer Question

I completed an application for a tenancy of a house on 28th July at 4.30 in the afternoon, and paid £150.00 cash as requested,unfortunately the next morning I found out that my sale had been delayed and as I had not got a new date, phoned and emailed the letting company to advise I had a problem, and avoid to messing them about, I would cancel the application until I knew what was happening. I did all this before 10 the next morning the 29th. The lady on the phone Jackie, said that was fine, as she had not even started my application and is was still sitting on her desk, she also said the manager was not in but she would sort my refund on his return the next day.
The next day I received a email telling me they would not refund the £150, is this legal.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Have they said why they changed their mind please?
JACUSTOMER-j988446j- :

Dear Mrs Strachan

Jackie has passed to me your email as I decided that we were not able to refund your administration fee because you had withdrawn your application and this is standard industry practice. You did the viewing, which was not open house it was by appointment but unfortunately the people who viewed before you stayed longer than intended although Jackie had asked them to leave as we prefer to have one viewing at a time. Following your viewing you came to the office and told me that you wanted the property because you had missed out on three other properties that day and you completed the application form because you wanted to be in the best position for success. As a result of your application we removed the property from Zoopla and told other interested parties that we had received an application so your supposition that we had not incurred any costs by your decision to withdraw is not accurate. For our part we have done everything that could have been expected of us but you decided not to pursue your application so I regret that you made the decision which resulted in the loss of £150.


Richard Gibbs

For The Letting Company

Alex Watts :

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: or by completing form N1 and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.

Can I clarify anything for you about this today please?

JACUSTOMER-j988446j- :

This is a copy of the letter to the letting Company is it ok.Dear Mr Gibbs,

Re Application Fee for 10 Lister Close, Corby

I have sort legal advice on this matter and have been instructed to write to you formally requesting the return of the £150.00.

I hereby request the return of the £150.00 application fee paid to your company, monies to be returned within 14 days.

Should you fail to return said monies with the 14 days I will make a claim though the courts for its return.

Yours faithfully,

Mrs Lorraine Strachan.

Mr R Gibbs

The Letting Company

13 Balcony Parade

Corporation Street


NN17 1NL

Alex Watts :

Yes that is fine.

Alex Watts :

I would also add you would be seeking Court costs topo

Alex Watts :

* too &

Alex Watts :

Does that help?

Alex Watts :

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