What can I do?

emsywoo123

Feeling very low about all this today, anybody have any more thoughts? Should I jsut let it go?

paintpot

emsywoo123 wrote: »

Feeling very low about all this today, anybody have any more thoughts? Should I jsut let it go?

If you want a legal perspective on your "holding" deposit, I read this recently.

http://www.landlordzone.co.uk/forums/showthread.php?t=13840

tbs624

emsywoo123 wrote: »

Feeling very low about all this today, anybody have any more thoughts? Should I jsut let it go?

Emsy - his referencing methods are “unorthodox” to say the least. I think the key issue however is that he moved the financial goalposts, making it effectively impossible for you to continue to a full tenancy, by bringing forward, by 3 weeks, the date on which he wanted the full deposit. This is the part that I would particularly focus on to try to get most, if not all, of that deposit back.

Much of what happens with holding deposits does depend on the wording of the receipt or holding agreement ( Whether you are a LL or a T, it is worth using a clear agreement that states the terms under which the deposit is held/may be repaid -LLs clearly have to be aware that some of the terms that they might like to apply may not stand up in a court)

The general rule is that retention may be allowed if it is purely the T’s decision to not go ahead, or the T wasn’t honest in their application re credit checks etc, and so the LL cannot go ahead.

When the LL moves the start dates of the tenancy, or as in your case, for the full upfront payment to be made, then I think it can maybe be argued that the deposit should be returned, if that action by the LL was what made it impossible for you to go ahead with the tenancy as originally planned.

Even where the T is at fault and a LL may be seen to be justified in retaining the Holding Deposit, IMO the LL would need to show that they had forewarned the T in the Holding Deposit receipt/agreement wording that this would happen: even then it is usual that only an amount proportionate to the true administrative costs “reasonably incurred” by the LL can be retained.

The OFT (Office of Fair Trading) has said that such costs should be “outlined in full”.

If you want to chase it then you could talk to the Private Sector Rentals Team at the local council and/or you may also like to talk to someone at Shelter or CLS direct for their suggestions, after fully checking the wording of that receipt or any other documents given to you at the time. The ultimate decision on whether or not you let the matter go has to be yours: if you decide to go for it then you could maybe write to the LL along the lines of……

Dear LL

Proposed Tenancy of (address………………..proposed dates……….)

I viewed the above property on………………….and it was agreed that, whilst referencing was undertaken by you , I should pay you a holding deposit of …………………., which was to be set against the first 2 weeks rent due under the tenancy.

Unfortunately, I was unable to continue to the full tenancy because on………….you requested that I pay £ xxx by …………….(date), rather than by …………, the date originally agreed. I was unable to raise this sum by the new date and therefore had no option but to withdraw. It also appears that you had made specific non-relevant enquiries to the people whose names I had offered as referees, referring to my relationship with my child’s father, my status as a working mother, and my religious beliefs amongst other things. I view it as likely that you made a decision to make it impossible for me to continue to the full tenancy, and I therefore requested that you return my holding deposit of £200 to me.


Despite the fact I contacted you by phone on ……………., and my father spoke in person to………..on ………….., you have not yet returned my money to me or let me know why you think that you should retain any part of it.

I would prefer us to settle this matter amicably but unless I receive my money from you within the next 7 working days, I will begin court proceedings for recovery plus interest and court costs.

Put at the bottom of the letter:

cc. Tenancy Relations Officer, Private Sector Rentals Team, xxxxx city/town council.

*Do check* the wording of all papers that you received in your dealings with this LL) but even if you decide not to push for your money back, it is still worth letting the TRO know about LLs on their patch who behave like this.

(Once again - if tenants don’t highlight the problems that they experience with holding deposits then LAs and LLs will continue to get away with keeping tenants’ money without justification - let Shelter, local MP and the Housing Minister know about these issues whilst the private lettings review is under way.)

MrsCJH99

Hi Emsy

Ring Consumer Direct 08454 04 05 06. Its free and government funded. They will put you through to a local office so calls get charged at a local rate.

If its not in their remit they will tell you who to contact. I agree with some of the previous posters and concentrate on him moving the financial goal posts rather than his strange remarks. He does sound very odd by the way. A lucky escape me thinks.

Good luck!