Holding Deposit

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

  • Holding Deposit

    I needed to rent a peoprty to live in for the first time since my teens. I had seen one I liked, it had not been advertised as it was not on the market yet. The landlord said that I could have first option if I showed real interest through a £100 deposit. At no point did he say this was a 'holding deposit' and at no point did he say it was non-refundable. He did give me a receipt which just said 'deposit on flat'. I had not seen a contract yet and a date for moving in had not been agreed.

    Unfortunately my personal circumstances changed which meant I no longer could take up the flat. I informed the landlord immediately. He said that he would not refund my £100 as it had to cover his out of pocket expenses. This is despite flat still not being vacated and still not being advertised for rent.

    How do I stand in getting my deposit back and how should I go about doing so?

    Many Thanks.

  • #2
    How long prior to you potentially moving in did you cancel? He may be, potentially, entitled to his out of pocket expenses. However there is no way on earth he has incurred £100 of expenses with regards to this, and he needs to prove in corut if you choose to sue him what his expenses were. To be honest he has done it in such a lax and haphazard way, he will struggle to even retrieve his expenses. Sue im.
    Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

    Comment


    • #3
      Something about holding fees has just come out in the amendments to the Unfair terms in tenancy contracts. Try phoning Trading Standards at your local council and ask whether they will write you a letter stating that this is unfair.

      Comment


      • #4
        reply to MrShed

        I saw property on the 16th Nov and paid £100 deposit on the same day. I phoned him to say that I was no longer interested on the 23rd Nov. I moving in date had never been agree up to that point.

        Comment


        • #5
          Did you see and have time to read the tenancy agreement before handing over a holding deposit?

          If you have not seen the agreement you cannot be financially bound in any way.

          Comment


          • #6
            I would take him to small claims.....he really is going to struggle to retain that deposit, especially if there was no date agreed. To keep £100 after 1 week is disgusting, and a judge I'm sure would see it the same way.
            Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

            Comment

            Latest Activity

            Collapse

            • Claiming for protected deposit
              mandm
              This is an interesting one, got me into a spin.
              Tenants signed AST but decided to leave after 6 months and 3 days (problem with moving) using the break clause in the AST. I protected the deposit using DPS (Insured) and returned the deposit minus deductions when the moved out.
              I served the...
              21-07-2017, 08:00 AM
            • Reply to Claiming for protected deposit
              mariner
              It was the situation predicted by some Judges et al when it was first proposed that the full Penalty would be awarded to the T and not the Exchequer.
              22-07-2017, 01:16 AM
            • Reply to Claiming for protected deposit
              JK0
              I agree. It's almost at the level of scandal as the people claiming cash by pretending they were ill on holiday. In that case, the Spanish Hotels have told tour operators they won't be doing all inclusive holidays any more.

              Therefore, I suggest landlords take a page out of their book, and...
              21-07-2017, 22:22 PM
            • Reply to Claiming for protected deposit
              mandm
              Letter sent with the evidence attached.
              Slightly off topic, it seems there this deposit protection appears to have gathered conflicting views.
              I would have thought that the purpose of the legislation was the protection of T's money, which most law-abiding landlords do but it seems that its...
              21-07-2017, 21:20 PM
            • Landlord threatening to sue after end of tenancy
              Pickle135
              Our tenancy has just ended. We have cleaned the property from top to bottom using professional cleaners to do this and clean the carpets. He suggested this hadn't been done and wanted the name of our contractor to check which we gave him. The contractor assured him that after eight years the carpets...
              08-03-2017, 00:45 AM
            • Reply to Landlord threatening to sue after end of tenancy
              Pickle135
              Woohoo!

              Our adjudication has just come through and the landlord has been given a token payment with the majority of our large deposit being returned to us. He was told that he had not submitted appropriate evidence for the misuse of the property and that things he was saying were wrong...
              21-07-2017, 20:49 PM
            • Deposit at the end of AST. Also, quiet enjoyment.
              scooter08
              Q1 – Where is the rented property located (England / Wales / Scotland / N Ireland)?
              England

              Q2 – What type of Tenancy Agreement (TA) is this e.g. sole tenant / multiple tenant / room only?
              AST

              Q3 – What date did current TA start dd/mm/yy?
              12/04/2015
              ...
              21-07-2017, 15:06 PM
            • Reply to Deposit at the end of AST. Also, quiet enjoyment.
              scooter08
              Thanks for the reply jp....
              21-07-2017, 18:32 PM
            • Reply to Deposit at the end of AST. Also, quiet enjoyment.
              jpkeates
              Makes sense - if the tenancy agreement doesn't say you have to let him and a surveyor in, his only right of access is with 24 hours written notice for the purpose of viewing the "condition and state of repair" of the property.

              So you can simply decline or make your point.
              ...
              21-07-2017, 18:23 PM
            • Reply to Deposit at the end of AST. Also, quiet enjoyment.
              scooter08
              I'm not trying to claim for breach of quiet enjoyment. He wants to be in again with a surveyor to use his property as security for something. I am going to let him I just want to remind him and have all the facts. Sorry if I didn't explain it right.

              Only claiming for the non protection...
              21-07-2017, 18:08 PM
            Working...
            X