Can we sue an estate agent over this.....?

My husband and i viewed a property in late November and decided to rent it. That day we drove to the estate agents office and paid a reservation fee of a hundred and fifty pounds, which we got a reciept for, no questions asked. We were then handed application forms and told to return them as soon as possible to get references checked. A week later we decided that the move would take place the first week in January (7 weeks away) but when we called to let the estate agent know, she said they could only hold the property for three weeks from the date that we paid the fee and that the property would go back on the market after this time. Bearing in mind that neither we nor they have yet signed anything, neither were we informed at the time of paying that they would only hold for three weeks, nor do they have any literature informing the potential tenant of a three week only holding period are we able to sue them as they are refusing to refund our fee or extend the holding period?

I love this question, your first thought is lets sue someone.

Say you got whiplash on the way to the estate agents too.

If they didn't inform you of the holding period when you paid your fee then they have to return the fee as they are guilty of misrepresentation. Threaten them with the small claims court and remember, there are a million and one little ways you can make things unpleasant and still remain within the law!

I think that its unreasonable for you to expect an estate agent to hold a property for you for that length of time. Before you paid your reservation fee you should have checked exactly what it entitled you to. I doubt if you would get anywhere taking them to court.

With who did you agree that the first week in January would be the time that you would move in? I think it's fairly common sense to assume that they don't have to hold the property for 7 weeks unless you have at least a verbal agreement with either the landlord or the agent. That would be nearly 2 months worth of rental money for someone!!

That said though, they should be willing to return your 拢150 deposit (just out of politeness really). You could always promise to rent another place through the same agent if they do so!

I don't think you can because the error was yours. You didn't ask for details on what the holding fee was actually for.

The agency (and the landlord) will be working on a monthly rental and by trying to hold the property for 7 weeks means that potentially you are denying them of 1 months rental value.

If you still want the property I would suspect that you could come to an agreement with the agent where by you can move in on the 7th Jan but pay for the rental from the 7th Dec.

I think you should have checked more carefully,but also think that the agent was wrong anway to take any reservation fee, having let my house I'd have had the agents guts for garters - I wanted my house rented ALL the time! 3 weeks 7 weeks - what if someone a little more decisive had walked in? I'd have lost a months rent or more!