Unsigned Tenancy - LA witholding Deposit

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    Unsigned Tenancy - LA witholding Deposit


    I am after some advice please.

    I found a rental property through a letting agent; I paid £151 admin fee and £475 bond. We completed the forms for credit checking us (and for a guarantor due to our adverse credit).

    We were assured on being shown the property that the tenancy agreement would be for six months, rolling. The letting agency sent the guarantor forms with a copy of the tenancy agreement to the person acting as guarantor (they did not send anything to me at this stage).

    My guarantor was concerned with what was stated on the tenancy, it was actually for only 3 months plus several conditions which we were not made aware of.

    I immediately contacted the letting agency and informed them that I wished to pull put as I was not happy with the tenancy agreement. They then said that they would amend the agreement to 6 months rolling.

    On receiving the amended agreement via my guarantor (again, nothing sent to me) I was not happy with some of the terms within the agreement.

    The authorisation that I signed had the following statement incorporated in to it:

    Please note if you withdraw your application you immediately forfeit the administration charge. We also reserve the right to retain part or all of the balance of the deposit, dependant upon the proximity to the scheduled commencement date of the tenancy. If your application is declined you will forfeit the administration charge for work carried out on your behalf.

    From this I expected to lose the admin fee but have the deposit returned. They are saying that I am not entitled to it back and basically, the only way to get it back was through a solicitor. As I have not signed a tenancy agreement and they misinformed me as to the length of the tenancy, are they within their rights to withhold the deposit?

    Any advice or opinions on this would be greatly appreciated, thank you.

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