Letting Agent Problem - Should I sue

My wife and I were supposed to move into a property today, but it is not finished, they told us last week that it would be ready by today, but it was not, and they did not inform us until 5pm.  In fact, my wife went to see it before signing the papers, and only then did she see the horrible state it was in.  They had no idea.  I am really angry with this company, Winkworth's.  I want them to give me back the holding fee, because they did not live up to their agreement of delivering the flat to us today as we had agreed in the past.  They refuse to give it back, although I know that this fee is intended to protect a letting agency if a letter backs out, NOT IF THE LETTING AGENT'S CONTRACTORS SUCK.  So, what should I do?  They have told us it will be ready by Monday, but seeing how things work in the UK, I would be immensly suprised if this was the case.  Why would it be ready in 2 days if they couldn't finish refurbishing the flat in 7 days?  I smell bull.

Should I go to a lawyer, or is there someone I can report them to.  I just do not want to deal with Winkworths after such a horrible experience, as I have no trust in them.

you can get advice like this from the citizens advice bureau (CAB).  http://www.citizensadvice.org.uk/

i'm in the process of moving out of my rented accomodation and preparing myself for a fight for the deposit back.  i've rented several times in the US and never had a problem. i get the general impression that the letting laws in the UK are stacked against the tenant and to the landlord/rental agency. good luck.

Hiya,

We've had a problem with our renting house. Basically the landlady did not leave it in a liveable state and there were constant problems. She has a letting agent and they were unwilling to do anything without her approval, BUT they couldn't get a hold of her. So, we threatened to put our rent into escrow and pay each month into that until the place was fixed. They said we couldn't get out of the contract either, even though nothing could be done about fixing faulty electrics, etc etc. They finally relented by taking it from the rent, but NOW the mortgage company is seeking vacant possession because she hasn't been paying her mortgage and we're going to be evicted. The letting company STILL won't let us out of the contract which is due to be finished in late November. So we might be evicted but they can't do anything because they're legally obligated the collect rent from us even though this woman hasn't been USING that money to pay ANY of her bills. We have people on our doorstep every day asking about her!

I'm looking to move back to America because the things I've found about England depress me. I'm sure it would be a nice place if I had lots of money, didn't have to work and could own my own home...!

I hate Winkworths. 
We had a lot of trouble with them a few years ago.

Update:  It has been over a month since i did move into the flat, it is nice on the surface, but there have been continual problems since i moved in.  Basically for the last month, we have had never ending repairs, including our bathroom being rebuilt over a period of over 9 days.  Considering this, we have told the letting agent that we refuse to pay at least two weeks of rent...i am paying a lot of money weekly for a functional apartment, and i havnt had that for over a month

So what do I do?  Do I actually withold rent, or is there some arbitrator I can go to in order to resolve this.  The letting agent has not agreed or disagreed to my proposal, saying that they will discuss it with the landlord, but it is ridculous if I have to pay all this money for a flat that wasn't completely fixed until over a month after I moved in.

Like the above poster, this entire experience, and everything attached to it has given me a great dislike of the UK, and I can't wait to go back to the us.  At least for the same amount of money I'd be able to get an apartment that was 3times bigger, and that wouldn't be so messed up, even in Boston!

Like the above poster, this entire experience, and everything attached to it has given me a great dislike of the UK, and I can't wait to go back to the us. 

Errrm... *I* am the 'above poster' and i never said anything like that!
I merely said that i hate Winkworths!

Im sorry you've had such a rough time, but basing your entire UK experience on the shoddy practices of one letting agent doesnt seem very sensible to me.

Good luck to you...

OK, y'all are scaring me now! Is this typical of agents and landlords over there? I'm moving to London mid-January and am starting to deal with agents by email now. I'm looking in SW London; is there any agents I should shy away from? Any advice would be appreciated.

I haven't ever had this problem in London...don't fear that they are all like this.  Probably just a few bad seeds out there as there are in the rest of the world!

Errrm... *I* am the 'above poster' and i never said anything like that!
I merely said that i hate Winkworths!

Im sorry you've had such a rough time, but basing your entire UK experience on the shoddy practices of one letting agent doesnt seem very sensible to me.

Good luck to you...

Obviously, I was referring the post above you, and my anger isn't just due to my experience with the letting agent but with the entire system, things here are so slow and bueracratic.

Can anyone give me advice on what to do?  I don't know how things work in the UK in this regard, since I have heard rules are in favor of the landlord and letting agent.

And I don't think people should get worried, the big difference I have seen between the uk and the US is that the UK is slow in my view, but I am a New Yorker, so everywhere is slow for me, if you are from any other part of the US, you should be fine here.

First of all, I take exception to your statement that if you are from anywhere but New York, you should be okay being slow.

That aside, you should contact the Law Society http://www.lawsociety.org.uk/home.law to find a solicitor in your area if you want to pursue an action.  No one but a solicitor can tell you if you have an actionable claim here, so if you are really interested in pursuing it, I suggest calling the law society's helpline or calling a local solicitor.

Obviously, I was referring the post above you

If it was that 'obvious', i wouldnt have commented.

Seriously... hope you can get things sorted out and find a way to be happy.