Holding Deposit Rights for Tenants?

Question

I put down a holding deposit on a flat recently. The flat was actually advertised with multiple estate agents. I asked for the flat to be unfurnished (as I was told this was an option) and signed an initial application to rent the property. My reference check was approved also. However, another person applied through a different agency to take the flat furnished and they were offered the flat.
The estate agent is trying to take £100 out of my holding deposit for an administration fee. There is a handwritten note on the initial contract saying that application fees are not refundable but another note saying that all money will be returned if the landlord does not accept the tenancy because of the special conditions requested (in this case, being unfurnished).
What can I do to get all my money back?

Answer 1

Is the administration fee for joining the agency? In which case no.

If you have already paid the registration fee and this is a separate fee. Yes. You have not broken the terms of the agreement- the agency has by offering you a property and accepting a holding deposit for a property that they did not hold.

Find out if they belong to any professional associations - it will usually say in the window - e.g. ARLA [The association of residential letting agents] and contact them.

Correspond with them explaining the clause in the contract which this circumstance applies to - make sure that you both have copies of the same contract. If they still refuse,inform them that you will have to take this to the next stage - legal proceedings and remind them that they will have to pay the costs of a solicitors letter [usually £50] in addition to the returning of the deposit.

You are in the right

Answer 2

Put it in writing to the agent. You did not default on the arrangment - the landlord did by accepting another tenant. You should get your money back without question. I'm a landlord myself, and how ridiculous that this situation should even arise where you have to beg for the money that belongs to you! It's totally unacceptable. Tell them you'll go to the small claims court and give them 7 days to rectify the matter - or else! Good luck to you. Oh yes, and ask them for a nominal amount for inconvenience!!!

Answer 3

If a tenant violates the hire or leaves without appropriate observe, landlord keeps the deposit. If he does attempt to sue you, you will ought to counterclaim against him for the impersonation, the stability of lease due on the hire, damages to porch railing, between different issues. you will possibly need appropriate data suitable to the deck railing, no termites. enable him be attentive to that if he tries to sue, you will counterclaim against him. that ought to close him up.