Holding Deposit

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Holding Deposit

    I've had a quick look around the site for the answer to this question but can't seem to find one.

    Having found some really nice tenants who passed their reference checks etc with flying colours and ticked all the right boxes with regards to what we want in a tenant we happily offered them an AST only to be told they could not move in straight away. Not a problem, I took advice and told them that we would take it off the market if they were prepared to show goodwill by paying a holding deposit to the tune of 1 weeks rent for every week we held the property for them. Fortunately they were more than happy to do this and promptly produced a cheque equal to one months rent, which we agreed would be used as the first months rent when they took up the AST. Next thing we know they are saying they want us to hold the property for a further two weeks and once again produced a cheque.

    The question is; although we agreed we would use the first cheque against the first months rent we did not agree the same for the second payment, do we have to refund the second payment?

    I have no wish to upset these tenants in anyway but by holding the property for six weeks we have potentially lost revenue. Are we allowed to recoup some of these potential losses or is there some legal reason preventing this?

    Any advice would be appreciated.

Latest Activity

Collapse

  • Deposit Schemes
    by CharlesT
    Apologies if this has been covered before. Have landlords on here had any negative experiences with the so called 0 deposit schemes whereby prospective tenants pay only one week's rent as a premium to a third party provider, the latter being responsible for compensating the landlord in the event of...
    28-11-2021, 17:04 PM
  • Reply to Am I a lodger or a tenant?
    by jpkeates
    There doesn't seem any way that Sara can claim to be living in that property.
    Which would probably mean that, at some point, you have become a tenant (and the person in the other room is almost certainly a tenant because they have never lived in the property with Sara).
    It would be unreasonable...
    28-11-2021, 13:07 PM
  • Am I a lodger or a tenant?
    by Bert1e
    Hello, I have a question about my legal status in private rented accommodation.

    I live in a private rented house. The entire house is rented from the landlord by one individual (let's call her Sara). Sara has a bedroom in the house and a lot of stuff in the cupboards all around the house....
    28-11-2021, 12:13 PM
  • Reply to Am I a lodger or a tenant?
    by Hudson01
    I can see it is a complicated arrangement but as JKO says, this is your home, if you are not happy where you are then move, why try and go down the route of conflict when all it will end up with is your eventual eviction, which i am sure will come not of your choosing and as sods law often dictates...
    28-11-2021, 12:39 PM
  • Reply to Curtain poles in windows
    by scampicat
    My flat already had curtains when I bought it, so I left them in. Then my very obliging first tenant installed vertical blinds all round, which he left when he went to say at Her Majesty's Prison . I have left them in for all other tenants since.

    In response to the OP, I would put...
    28-11-2021, 12:37 PM
  • Curtain poles in windows
    by Kate foster
    Hi all. Wonder if you can advise. I gave a fully unfurnished property to a tenant and they were aware of it. Now they have moved in, they have asked if I can get all poles bought and fitted in the rooms for curtains. It will be added cost for me to buy 6 poles and fitting cost ect. What is best way...
    27-11-2021, 07:15 AM
  • Reply to Am I a lodger or a tenant?
    by JK0
    Does it matter in the grand scheme of things? She's not kicked you out. If you don't like your housemate, move, surely?

    I wouldn't be laying the law down to Sarah, as I suspect you may still be a lodger.
    28-11-2021, 12:22 PM
  • Reply to Alternative ways to enforce a Peaceable Eviction
    by bob369
    It would be much more sensible to let the "lead" tenant to sort out his own mess, as it was his judgement to allow the problem lodger into the property.
    And that is what is happening, but again I cannot see why I would not be permitted to 'act in support of the "lead" tenant'....
    28-11-2021, 11:56 AM
  • Alternative ways to enforce a Peaceable Eviction
    by bob369
    Hi,

    A Lodger (Excluded Occupier) needs to be excluded as his Notice Period has expired (one calendar month), and he refuses to leave

    I understand Police will not get involved to remove him, even though he is tresspassing, understand they view this as Civil not criminal....
    24-11-2021, 23:16 PM
  • Reply to Tenancy issues - No Deposit Scheme, demanding deposit back
    by islandgirl
    This is obviously a complex situation but how do you now the tenant really will go to court? Is there enough "dosh" in it for the no win no fee types? Tenant may not do it alone. Also can the OP now issue a section 21 now the deposit is protected? I think I would be tempted to do that if I...
    28-11-2021, 11:11 AM
Working...
X