Paid Holding Deposit now Estate Agent acting wierd please help

rajinder

Two weeks back I viewed a flat and liked it, it was in the evening and the estate agent asked me to put a holding deposit on the same day, but due to the office's closed he couldn't process it and asked me to come the following day to their office to put the holding deposit down.

On the day I manage to negotiate the monthly price and also the move in date which was this month on the 26th. I requested that since the tenants were moving out on the 23rd, if it was possible for me to move in on the same day to which he's reply was that it's highly unlikely as they normally get the property clean up by professional cleaner.

I insisted but nenver managed to get a confirmation for the 23rd. After the holding deposit was paid, I took his word for the 26th and handed in my notice to my current LL for the 26th and my LL went ahead and managed to rent out my current flat as of 27th...

Now my estate agent is saying that the exisiting tenants are not moving out and they can't confirm the move in date for me.

I went to see them today and was told that they can't do much for me!

What are my options and what can I do as I am about to be made homeless...

please help!!!

thank you in advance

raj

Alfie1999

Ask for the deposit back and rent somewhere else quickly.

Or put your stuff in to a friends garage and live in a travelodge for a week.

SquatNow

Alfie1999 wrote: »

Ask for the deposit back and rent somewhere else quickly.

Or put your stuff in to a friends garage and live in a travelodge for a week.

First get your "holding deposit" back. (What utter rubbish.... "holding deposit"... stupid con-artist letting agents)

Then move out as planned and put your stuff into storage. It's cheap enough.

Meanwhile contact all your local B&Bs, explain your situation and ask if they will do a deal for an extended stay.

Once all that's done (it's all relatively easy) you'll be living in a B&B,(yes not great) but in a fantastic position to negotiate on rental properties... your able to move in immediately or wait until the place is empty.

You should be able to negotiate the rent down a good 10-20%.

jaype

Give the agent a day to sort it out (ie finalise a date) or say you'll have your holding deposit back. Once the date is finalised get them to do the AST as soon as possible as once that's signed you can demand compensation if it doesn't happen. Unfortunately the holding deposit means nothing. We (family including 2 under 4s) had a landlord do this to us a week before we moved about 14 months ago. Without a contract they can do as they please and change their mind whenever - which is completely rubbish and should be illegal. I'm sure you should be able to get them for false advertising, but sadly it doesn't work like that, as far as I'm aware?

tbs624

Tenants who have experienced these types of difficulties with LAs and HDs should write to their local MP and to the Housing Minister and send copies to Shelter.

Your own MP: http://www.writetothem.com/
Housing Minister Caroline Flint http://www.upmystreet.com/commons/member/search/l/caroline%20flint.html
Shadow Housing Minister:Grant Shaps http://www.upmystreet.com/commons/member/search/l/Grant%20Shapps.html
Shelter: Shelter, 88 Old Street, London EC1V 9HU

There is a review of the private lettings sector under way currently : if tenants just accept these things and/or moan about it amongst themselves then nothing will get get changed. IMO the way HDs are used is scandalous - they are beneficial to one side only, the LA see also http://forums.moneysavingexpert.com/showthread.html?p=13518837#post13518837

rajinder

Many thanks guys for all your advise and help!

Update: Lettings Agent called me today to say the house is no longer available. So I'm stuffed! Is there a law properting prospective tenants where they've been taken for a ride?

Haart lettings agents, I have seen other properties are advertised as available now and in real fact they're not until a further 2 or 3 weeks. I think it's their dirty marketing trick mis leading tenants to call them and agree a deal and then take them for a ride!

I'm definately going ask for my holding deposit pay but is there a way to get any compensation from them as they keep saying that it's not their fault that the existing tenansts have changed their mind to stay on longer for another 6 months.

As always any advise and guidance is much appreciated.

raj

SquatNow

tbs624 wrote: »

Tenants who have experienced these types of difficulties with LAs and HDs should write to their local MP

Who really wont give a crap... but will pretend to.

tbs624

SquatNow wrote: »

Who really wont give a crap... but will pretend to.

Squat - you on the night shift again and having a grumble?

Tenants have to use whatever methods there are to raise awareness of all issues around housing/rentals. If enough tenants kick off to MPs, and the Housing Minister they have to take it into account. If they don't get to hear about the realities of property renting (especially when tenants have to use unregistered, unqualified and unregulated LAs) then they can dismiss it as a minority issue. The current review of the lettings sector *will * result in greater regulation, and this is down to the sterling work done Shelter and the CABs etc - again, copy letters to both organisations. They can use the evidence to show how widespread these problems are - tenancy deposit regs are as a direct result of this sort of pressure: we all know the system is still not perfect but it's a move in the right direction.

What's the alternative Squat - tenants sit down the pub moaning about their rip-off unprofessional LL/LA and doing nothing, and/or coming on here for a rant and disappearing again without raising a voice where it matters? If you want to see change, be part of the effort that brings it about. There are issues from Council level upwards that get prioritised simply because enough people "gobbed off" in the right places at the right time.

Imp

In terms of compensation, demand that they refund you the holding deposit and that they give you compensation to the value of the holding deposit. It probably won't work, but it would be worth a go. I'd probably go as far as a letter before action.

The idea is that if they called it a holding deposit, then it should work both ways. If they pull out then they should pay you the same amount.

I'm not a lawyer, just optomistic.

tbs624

The problem is that the tenant does not appear to have signed a tenancy agreement for this property. All he has paid is the holding deposit, which in effect gives him first refusal on a property, and an agreement that the LA won't market it elsewhere.The OP also says that there isn't *any* written confirmation of a date, so shouting about "demands" and letters before action won't really help.

It doesn't help the OP to tell him/her this now but no tenant should ever, ever give in their notice on a current property purely on the strength of having paid a holding deposit on a new one.

Much as I have little time for most LAs, in this case there is not a great deal that the LA can do if the current tenant has chosen not to move out, other than refund the holding deposit to Raj or offer another property.I dislike the use of HDs because of the confusion they cause and the fact that the true benefit is one way: in the LA's favour.

As the changeover date has passed it'll be interesting to see what has happened, if Raj posts an update.

Imp

Under the (Yawn, I know it doesn't mean anything until it tested in court) Unfair terms in consumer contracts regulation, a term is unfair if it is purely in the landlord's favour.

Either

1) A holding deposit is paid, but the tenant can pull out of the agreement at any stage and the deposit is refunded in full.

2) A holding deposit is paid. If the tenant pulls out the deposit is kept by the landlord. If the landlord pulls out the deposit is refunded in full and an equal amount in addition is paid by the landlord to the tenant.

So if they call it a holding deposit and have written that on a receipt, and they had stated that if the tenant pulls out of the agreement it would be kept by the landlord/estate agent, then you could argue (subject to what ever the courts decide) that 2) above applies.

If they called it an administration fee, then it is not a holding deposit unless it was substantial and looked like a holding deposit.