Deposit

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    Deposit

    I have rented a property to a gentleman, who paid for his referencing and told this was non-refundable, which he has accepted. He paid a month's deposit at the end of April to reserve the property. He was due to move in on the 21st May but has decided that he does not want to move as his circumstances have changed. He wants his deposit back. I have said "no" as the property could have been let to somebody else and there would have been no void period. If I market the property now, I will eventually get somebody but going to definately going to get a void period. Although an AST has not been signed, can I keep the deposit as he has refused to move into the property?

    #2
    But on what terms did he pay you? What did you and he agree? Anything in writing?
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    Comment


      #3
      Hi Jeffery

      He paid the deposit. There is nothing in writing. I was under the assumption that the whole point of putting a deposit down was that the property was reserved for you and that if your circumstances changed and you decided not to take the property, that the landlord would be given the deposit as compensation.
      For eg. Students put there deposit down, as early March for September, although they do sign there contract in March. If in August, they decide not to take the property, surely they would be breach of contract and the landlord would have the right to keep the deposit? I mean, I'm not talking about a couple of days these are weeks.
      Thank you for your help.

      Comment


        #4
        Originally posted by abs View Post
        Hi Jeffery
        Who's that, then?

        Originally posted by abs View Post
        He paid the deposit. There is nothing in writing. I was under the assumption that the whole point of putting a deposit down was that the property was reserved for you and that if your circumstances changed and you decided not to take the property, that the landlord would be given the deposit as compensation.
        That may well be the intention; but can it proved legally binding? How?
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

        Comment


          #5
          No I can't prove this Jeffery. But what is the point of taking a deposit?

          Comment


            #6
            Originally posted by abs View Post
            No I can't prove this Jeffery.
            Who's that, then?

            Originally posted by abs View Post
            But what is the point of taking a deposit?
            None, unless you and the other party agree (contractually) what it's supposed to do.
            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
            4. *- Contact info: click on my name (blue-highlight link).

            Comment

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