Deposit in a Licence to Occupy Agreement.

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

  • 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.

    Comment


    • #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).

      Comment

      Latest Activity

      Collapse

      • Three guarantors = three guarantees of deed or just one?
        aciduzzo
        I will have three guarantors as there are three (student) tenants. The agency has sent me a guarantee-of-deed sample, but i'm not sure whether i should send a separate one to all guarantors, or just have one listing all guarantors. What do others on here do?
        25-07-2017, 10:05 AM
      • Reply to Three guarantors = three guarantees of deed or just one?
        theartfullodger
        How will you know who actually signs? Either do it front of you after copying id or via solicitor
        25-07-2017, 12:40 PM
      • Burglary Damage - Who Pays?
        Pb21
        Our rented flat was broken into, in the process the Yale lock was broken and cost £100 to repair. The landlord is refusing to pay this on the basis we didn’t also lock the door with the mortice lock. We didn’t use the mortice lock as it wasn’t working although the landlord did not know this....
        25-07-2017, 11:40 AM
      • Reply to Burglary Damage - Who Pays?
        theartfullodger
        It is landlord's responsibility, he may then choose to charge you for it (don't pay).

        If he refuses to fix it, not a lot you can do, sorry
        25-07-2017, 12:37 PM
      • Reply to Burglary Damage - Who Pays?
        mariner
        What was stolen?
        Did you have personal contents Ins?
        LL is resp for repairing the door, which he may claim from your deposit or give you the bill to pay.
        Why did you not notify him of broken mortice lock, which gave burglar easier access and may have compromised LL's Ins?
        Personally,...
        25-07-2017, 12:37 PM
      • Freeholder Scaffolding Over My Flat
        Jcg76
        I have a leasehold studio flat with a garden in London that I rent out to tenants.
        Recently, the freeholder gave me three days notice that he was extending part of the building my flat is joined to and he would need to put scaffolding on my flat roof and in my garden. I immediately objected saying...
        24-07-2017, 21:20 PM
      • Reply to Freeholder Scaffolding Over My Flat
        leaseholder64
        I would also have thought this was a case where planning permission was needed, as being flats, the normal permitted development rights, for extensions, would not apply. In that case, you, or rather your tenant, who should have forwarded it to you, should have received a consultation letter from the...
        25-07-2017, 10:55 AM
      • Reply to Three guarantors = three guarantees of deed or just one?
        jpkeates
        Each guarantor is guaranteeing their own student's liabilities, so there needs to be three deeds.

        Remember that each guarantor needs to see the tenancy agreement that they are guaranteeing (or one that is identical in terms) before they sign any deed and you should advise them in writing...
        25-07-2017, 10:34 AM
      • Reply to Freeholder Scaffolding Over My Flat
        jpkeates
        I'd suggest that tell the freeholder that your tenants are so badly affected by the work that you will either have to allow them to leave or offer a significant incentive to stay - which might be equal to all of the rent as compensation (if they were to leave). And see how they respond.

        ...
        25-07-2017, 10:30 AM
      • AST end date 31/07/17 advice needed.
        scooter08
        Hi, Guys, I have posted a few threads on this forum now and although the section 21 notice is probably invalid I don't want to let the landlord know that yet.
        I'm after help with writing my landlord a letter. He wants us out on the 31/07/17 and keeps asking me how I intend to leave the keys for...
        25-07-2017, 09:54 AM
      Working...
      X