Deposit in a Licence to Occupy Agreement.

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    Deposit in a Licence to Occupy Agreement.

    I moved into an ensuite room in a 2 bedroom flat last month.I paid one months rent in advance and one months deposit, plus and administrative fee and £50 for the deposit protection scheme. The day when I moved in I didn't sign the agreement due was a holiday and the agent just gave me the keys of the property in the agency premises. When I arrived to the property I did notice there was not a key of the room, just the front door keys, when I asked the reason the agent said it was due fire regulations. The flat was advertised as a 2 bedroom + reception room, ( I've got copy of the ad ) and when I visited the flat for the first time in fact it was a recepction/living room. Five days after I moved the agent took the living room's furniture out and brought bed/matress and other room's furniture. I contacted them and they said that if i wasn't happy I should move out but I will lose the deposit. I feel cheated. I got copy of the ads whith their phone numbers, pics,etc . The agreement is a license to occupy for 6 months with a break after the 3rd month.
    My questions are :
    - if the agreement is a licence to occupy, does the agent have to protect the deposit in one of the schemes?
    -if so and the agency failed to do it within the 14 days, but charge me £50 for that, is it a legal breaking contract cause?
    - What about the fact they advertised the flat as a 2 bedroom + reception and now is a 3 bedroom flat. Can I use it as a breaking condition?

    I am not really happy and I want to move out, but I don't want to lose the £1300 deposit.
    Thanks

    #2
    I meant was a bank holiday the day when I moved in and the one months rent in advance + deposit were paid.

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      #3
      Originally posted by CONNYLOP View Post
      - if the agreement is a licence to occupy, does the agent have to protect the deposit in one of the schemes?
      If the Letting Agreement is truly a Licence to Occupy, not an AST, deposit protection does not apply.
      However, its labelling is irrelevant. It's an AST- no matter what- if:
      a. section 1 of the 1988 Act allows it to be; and
      b. Schedule 1 to the Act does not exclude it.
      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).

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