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do I have to pay the credit check fees back to Tenant?

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I have a Tenant who is very much in arrears with rent and now her HB has been reduced she informed me she was leaving and was going for a council property as she can't afford the rent. We agreed that she would move out at the end of the month and if need be would stay with her sister and claim homeless status. I advertised my house, did viewings, found a suitable Tenant through an agent. The new Tenant paid £160 credit check fees to the agent and although she failed she did pass with a guarantor. My present tenant has now declared that she is not going anywhere until the council give her a house! I now have to go through eviction proceedings as she is now 3 months in arrears. Meanwhile the new Tenant who of course can now not move in has found another house and wants me to pay her the £160 back. I do think it's unfair that she should lose out and have said I will pay when I get some rent which the HB owe me. She is demanding that I pay immediately but I simply don't have it right now. Am I liable for this money or should I take it up with the agent who charged the fee.

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