Change in offer letter conditions

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    Change in offer letter conditions

    Hi all

    I signed an offer letter in order for the agency to submit my offer to the landlord of a property on the market for renting.

    The offer letter states that the deposit will be protected under the agency's membership of the deposit scheme.
    I have now received a communication from the agency saying that the landlord will register and protect the deposit himself.

    I have not signed the tenancy agreement yet and am thinking to withdraw my offer.

    I have been told from the agency that if I do that I will lose my holding deposit (one week rent).

    I believe that because of the change in the conditions stated in the offer letter that I have signed I am entitled to refuse the new condition, withdraw the offer and get the deposit back.

    Is this correct? Could you please advise?

    Thank you.

    #2
    Why are you withdrawing the offer? If the offer was accepted it is a breach of contract. What were the terms of the holding deposit?

    Comment


      #3
      Originally posted by Jon66 View Post
      Why are you withdrawing the offer? If the offer was accepted it is a breach of contract. What were the terms of the holding deposit?
      Because the offer that he accepted is not the one that forms the basis of the main contract.

      Comment


        #4
        No I don't think that's right unless there is evidence to suggest the landlord is not going to protect the deposit. It is possible he favours a scheme the letting agents don't use and so he does the admin protection himself. Is it materially changing the terms of the contract? I'm not sure it is, although it may be arguable either way. What are the terms of the holding deposit? And are those terms fair, we don't know.

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          #5
          There seems to be 2 different deposits here.

          The tenancy deposit is to cover any damage to the property at the end of the tenancy and has to be protected by law, and it is to your advantage if that is done by the LL rather by the agent. (For various reasons).

          Any holding deposit is a different thing, it is a confirmation of your intent to rent the property and is between you and the agent.

          Comment


            #6
            Yes, nukecad but what point are you making? I am assuming it is the landlord wanting to protect the deposit rather than the agent that is the change of contract, but perhaps op is saying there is something else?

            Comment


              #7
              It is much better to have the landlord protect the deposit than the agent - so your fears have no real basis. Indeed any landlord who lets the agent protect the deposit is an idiot.

              Comment


                #8
                Originally posted by nukecad View Post
                Any holding deposit is a different thing, it is a confirmation of your intent to rent the property and is between you and the agent.
                No it is not. It is taken by the agent (as agent) for the landlord. There is no such thing as a private deal "between you and the agent" -- if there is one then both landlord and tenant should find a different intermediary.

                Comment


                  #9
                  Hi

                  Thank you all for your replies.

                  The "deposit " I am talking about is the amount that I paid to the agency in order for them to proceed with reference check and the other stuff before signing the contract.

                  The letter said that the tenancy is subject to a series of conditions (ie the landlord and I signing the contract and myself paying the deposit and the rent of course).

                  It also says that the agency will be responsible for the deposit, now the landlord changed is mind.

                  The reason why I am not willing to accept this change is that the landlord is the less helpful person I ever met, he is not willing to make any improvement to the flat I am sure he will not reasonable during the tenancy and will also do anything to make our life difficult when it comes to leave the property and get the deposit back.

                  I prefer to withdraw my offer now and no to sign the contract and I believe that I have the right to do it, can you confirm?

                  I was wondering if there is any chances that I could back my money back, of course only if this is legally possible.

                  Thank you in advance for your time.

                  Comment


                    #10
                    Apart from legally mandated improvements you take the property as seen. You do not seem helpful if you are asking for improvements having agreed a contract.

                    An agent is an agent for th landlord. Your condition that the agent protect the deposit is not relevant and none if your business really.

                    Comment


                      #11
                      Originally posted by AndrewDod View Post
                      Apart from legally mandated improvements you take the property as seen. You do not seem helpful if you are asking for improvements having agreed a contract.

                      An agent is an agent for th landlord. Your condition that the agent protect the deposit is not relevant and none if your business really.
                      Hi Andrew,

                      I have not agreed the contract, I have only made an offer.
                      I have seen the flat as you say but I have met the landlord only afterwards (i.e. after submitting my offer) and I don't like him so I believe I am free to decide that I don't want to be dealing with him.
                      He will be managing the property, not the agency, so I believe that it's better for the both of us not to enter into a contract.

                      Back to my questions, because of the change in the conditions agreed am I entitled to receive my money back?

                      Thank you.

                      Comment


                        #12
                        Having read more carefully the nature of the change in the agreement, I do no think you have a case for a return of the holding deposit.

                        Comment


                          #13
                          I would consider your holding deposit lost. The change of which you speak is so minor and inconsequential that I doubt that you could argue it is a change in the conditions.

                          Your deposit would be equally as secure with the agency as opposed to the landlord.

                          So it really comes down to the real reason you don't want the place, you don't like the landlord. That's not enough to get your money back.

                          Comment


                            #14
                            Even if the change where significant, it could be resolved by returning to the original terms, which wouldn't resolve your referencing failing on the landlord.

                            What is probably more significant than who does the paperwork with the deposit is whether it is in a custodial or insured scheme. Agents seem to like the latter. I think custodial is better for tenant, as the landlord doesn't hold the money so can be bypassed if they are being unreasonable. With an insured scheme, the main thing that keeps the landlord straight is that the scheme can bar them if they misbehave. However, I think that is still going to be considered de-minimis.

                            Comment


                              #15
                              Thank you all for your replies.

                              If the money can not be refunded I will live with that, it's better to lose some money that make a big mistake!!

                              Thank you again.

                              Comment

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