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Thread: Legal Bod - advice needed please.

  1. #1
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    Default Legal Bod - advice needed please.

    Hi,

    Is anyone on here well versed in property rental agreements, in particular holding deposits? Potentially about to lose 1300 which I could do without!

    Thanks in advance.

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    Elite (Silver) Mr T's Avatar
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    What are the terms and conditions regarding your deposit. This should be evident on the agreement you signed.
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    Hi Spiv
    In 2007 the govt introduced the deposit protection scheme which afforded Tenants a lot more protection with their deposits.

    https://www.gov.uk/deposit-protectio...lords/overview

    The best advice I could give you is to call Shelter who will give you free advice and even advocate on your behalf
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    Thanks for the replies chaps. So I've paid for a holding deposit to take the property off the market, not signed the lease yet, we've since had an offer accepted on a house and this is going to go through quickly so don't need to sign up for the rental period. The agreement for the holding deposit states that it is refundable but the landlord is entitled to 'reasonable' costs if I cancel, however my reasonable may (will!) not be the landlords! Just trying to work out where I stand. I'm pretty much resigned to losing it but would like to know the legal stance, I'll give Shelter a call in the morning, thanks for the heads up Neil.

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    Elite (Bronze) rperry's Avatar
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    I would say the landlord is very entitled to keep a good proportion of the rent as the 'holding' deposit meant he took it off the market and as such may have lost out on potential longer term renters. The fact your house is going through quicker isn't really his issue to recompense. May sound harsh but in these circumstances I think the landlord holds the cards. Shelter usually only help with people getting back deposits after occupancy to ensure 'renters' can keep a roof over their head, given they are a charity I don't think it's the best use of their funds trying to recover your dosh as you broke an agreement that suited you and you entered willingly.
    Sorry if it sounds harsh, and I'd probably be the same as you if I had 1-3k to lose.
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    Not harsh at all Roger, pretty much as I thought, but worth an ask on here, losing 1300 doesn't fill me with joy.

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    You are basically in breach of contract and the injured party is liable to seek damages according to the breach. You need to study the terms and conditions and highlight the conditions surrounding the deposit. Legally the injured party is able to look to claim for income relinquished relating to the breach in a civil court of law. What you need to do is check for any liquidation clauses in the wording as judges frown on these if they are wayward. If the injured party put together a shoddy terms and conditions statement you will have the ability to dispute any claim made. You can also go through the agreement and look for any misrepresentation issues which will limit your liability. You should also make efforts to help the injured party as much as possible. The injured party must also back up any claim with proving the physical costs/ loss of income as a result.
    Socialism is a philosophy of failure, the creed of ignorance, and the gospel of envy, its inherent virtue is the equal sharing of misery.

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    1300 as a holding deposit seems very strong, I paid 300 a year ago, and this was darn sarf.

    You do mean the deposit you paid to have it taken off the web, not the deposit payable just prior to signing the contract, which is held until the end of tenancy in case of damages and non payment of rent etc ?

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    I do indeed. No contract/lease signed just an agreement to take it off the market. Was due to sign the tenancy agreement next week, this isn't happening now. The estate agent has my money the agreement is for reasonable costs to be deducted, bearing in mind I've already paid a further 200 admin fees. My beef is with the estate agent not the landlord. Managed to speak with a barrister pal and he thinks there is a strong case to get all the cash back. Let's see eh?!

    Quote Originally Posted by wates View Post
    1300 as a holding deposit seems very strong, I paid 300 a year ago, and this was darn sarf.

    You do mean the deposit you paid to have it taken off the web, not the deposit payable just prior to signing the contract, which is held until the end of tenancy in case of damages and non payment of rent etc ?

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    Best of luck, it does seem very high so that should be in your favour I'd hope

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    If the LL or Letting Agents didn't depoist the money in the deposit scheme, they are liable or 3 times the amount. As far as I'm aware, there are no exceptions
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    Hi pal

    When did you pay the holding deposit? and did you pay via credit card?

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    Paid on 27/10 but stupidly paid on debit not credit card.

    Quote Originally Posted by kevan67 View Post
    Hi pal

    When did you pay the holding deposit? and did you pay via credit card?

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    Yes, you would have had more options had you used a credit card.


    I will ask the wife she worked in lettings a while back, not sure they can keep all your money with no contract being signed and very doubtful they will have paid it into deposit scheme without a contract in place.

    Do you have legal cover in place through your home insurance or anything else like that? most people do these days.

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    Contact Trading Standards. I've worked for letting agents for 20 years, repairing whitegoods. There is no get out of jail card if they didn't use the deposit scheme. You can go to arbitration as well. But the main thing to establish, is whether they deposited the money.
    Angling Trust Number 55370

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    Hi pal

    The wife said you will lose the administration fee, she would need to know who the agent was in order to figure out how you would be best to proceed with getting your deposit back.

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    Quote Originally Posted by kevan67 View Post
    Hi pal

    The wife said you will lose the administration fee, she would need to know who the agent was in order to figure out how you would be best to proceed with getting your deposit back.
    Cheers for the help here.

    I've sent a mail outlining my side based on what a Barrister friend has advised me, although not a specialist in property law he has a grip on what's right and wrong! I may lose a small percentage which to be host I would expect but not the whole lot. Not heard back from the Estate Agents yet will leave until tomorrow now and see what they are saying.

    If i need anymore advice I'll kindly take you up on your offer of your wives advice.

    Cheers.

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    No worries pal and good luck.

    You can always drop me a PM if you prefer, I can get the wide to take a look anytime if you need any help. She has been in property management and lettings for over 10 years so knows many of the tricks they try and pull.

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    Quote Originally Posted by kevan67 View Post
    No worries pal and good luck.

    You can always drop me a PM if you prefer, I can get the wide to take a look anytime if you need any help. She has been in property management and lettings for over 10 years so knows many of the tricks they try and pull.
    I hope she doesn't read the forum. I wouldn't want to be in your shoes
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    All sorted thanks for the posts chaps appreciated.

    Spoke with them today and they have had a complete change of mind and refunded the full amount. Still a little peed off, if I didn't contest it they would've kept the whole amount, wonder how often this happens and people get ripped off.

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