Holding deposit question

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  • Steven
    replied
    Originally posted by Paul_f View Post
    Act in haste - repent at leisure! Persuade a landlord to take a property of the market because you don't want it for a month and then change your mind. Mmmmm....I wouldn't be too pleased either.

    But no, he can't withold the money, only possibly his reasonable expenses, and then you are entitled to know what charges are likely to be made before you enter into any financial committment. Under the Unfair Terms in Consumer Contract Regulations 1999 you can take legal action through the small claims court if he doesn't return your money. Make sure you keep the receipt as evidence.

    Next time don't muck people about!
    Next time I won't agree to rent from someone who demanded a £750 deposit within 24 hours of first viewing the place, else it would be given to someone else. He lost all of 24 hours, not quite time to take it off the market is it?

    Mucked about indeed
    Most landlords don't need such a quick answer so they can spend the cash on an easter break, its a big decision to make over one nights sleep

    Leave a comment:


  • PaulF
    replied
    Act in haste - repent at leisure! Persuade a landlord to take a property of the market because you don't want it for a month and then change your mind. Mmmmm....I wouldn't be too pleased either.

    But no, he can't withold the money, only possibly his reasonable expenses, and then you are entitled to know what charges are likely to be made before you enter into any financial committment. Under the Unfair Terms in Consumer Contract Regulations 1999 you can take legal action through the small claims court if he doesn't return your money. Make sure you keep the receipt as evidence.

    Next time don't muck people about!

    Leave a comment:


  • Steven
    started a topic Holding deposit question

    Holding deposit question

    Hello there,

    Last week I had found a property to rent, and the landlord was in a rush to have a tenant in place, despite me not being able to take it on for another month

    In order to secure the place, we agreed I would pay half a months rent to have it taken off the market (£750), with the remaining half to follow the following week, the tenancy would commence some 4 weeks after that

    However, the landlords haste to have me secured meant that I had handed over this deposit a mere 24 hours after having first seen the property, and in all honesty, I just hadn't considered all the various pluses and minuses involved

    After the drive home, it began to dawn on me that I had made a mistake, so within the hour I had called the landlord and informed them that I wouldn't actually be taking on the property

    There was some general grumbling, and he was heading off for the weekend on holiday, so he said I should confirm the decision to him in writing over the weekend, which I'm currently doing

    There was some suggestion at withholding some or all of the deposit, and indeed, the handwritten receipt suggests its non-refundable

    Obviously, I think this is more than a little harsh, seeing as we're talking one day here between verbally agreeing to take it on, handing over a deposit, and then an hour later, changing my mind (lets not get into my poor decision making for now....)

    So anyway, my question is, despite the "non-refundable" scribble on the receipt, where do I stand in regard to getting this money back?

    I can totally understand the need to deduct administration expenses, but as of seeing him and handing over the deposit, he had at that point not carried out any checks or completed any paperwork, that was all to be done over the weekend (calling the bank, letters requesting references to bank and employer etc)

    So I struggle to see how they could justify any deductions really (although I'd probably take a bit on the chin and learn from the experience)

    Any specifics you lot could recommend I mention in my letter to him regarding the deposit money? If things start to turn to sh*t, is it too early to start talking about TDS protection of the money, which almost certainly hasn't taken place yet. Without an AST yet in place, if he decides to take all week to decide what expenses to claim, should the money be in a protected scheme?

    Thanks all!
    Steve

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