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Deposit back if change your mind?

Hi all,
We were interested in flat to rent, so we paid 500 GBP to Martin & Co. (Canterbury) for deposit and referencing. We were accepted but after we've seen the tenancy agree and found out about plenty of hidden costs we changed our mind. Now the letting agency doesn't seem to be willing to pay us back the deposit of 250 GBP, which doesn't seem right to me. After all the deposit is not a fee. Any opinions?

Comments

  • teaspoon1
    teaspoon1 Posts: 295 Forumite
    I have personal experience of this company. I wouldn't be too optimistic (sorry) but contact CAB and see what your rights are. You may be entitled to it if you can prove that they hid the other costs from you. Good luck.
  • Judith_W
    Judith_W Posts: 754 Forumite
    did you sign anything, does it state if the deposit is refundable or not?
  • delpino
    delpino Posts: 14 Forumite
    We signed something but not sure if it said something of the deposit being refundable or not.

    @Teaspoon1: I think its very difficult to pove that. Which branch did you go to?
  • bryanb
    bryanb Posts: 5,029 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    delpino wrote: »
    We signed something but not sure if it said something of the deposit being refundable or not.

    Only sign things after you have read and understood in future.
    This is an open forum, anyone can post and I just did !
  • alohahawaii
    alohahawaii Posts: 335 Forumite
    we put our deposit down on the weekend and they are doing the reference checks at the moment. But we haven't heard from them (apart from getting a call telling us they were taking one of the white goods items out of the house)
    so we dont know when we'll get the keys or how long the agreement is for.
  • delpino
    delpino Posts: 14 Forumite
    I think the best way is to ask for the tenancy agreement before paying or signing anything. But that doesn't protect me from them changing the tenancy agreement afterwards I think. I think the fact that this is an unregulated industry is really a problem.

    By the way there are some reviews about Martin & Co. here (and other sites):
    reviewcentre.com/reviews105260.html
  • tbs624
    tbs624 Posts: 10,816 Forumite
    Anyone who has problems with LAs can post up their experiences at https://www.allagents.co.uk

    Martins is a franchise set up : you may find this interesting http://forums.moneysavingexpert.com/showthread.html?p=22025161&highlight=#post22025161

    How long did you leave it before changing your mind about the property? An LA should only retain a reasonable amount from a holding deposit, sufficient to cover actual costs incurred. You say "we were accepted" which suggests that Martins had completed all the referencing/credit checks?

    No T should ever pay any deposit without (a) having read through the tenancy agreement beforehand ( & keeping a copy, so that you are certain this is what you will be signing up to) and (b) getting written confirmation of *exactly* what the deposit is for and under what circumstances it will or won't be retained by the LA.
  • Geenie
    Geenie Posts: 1,213 Forumite
    delpino wrote: »
    We signed something but not sure if it said something of the deposit being refundable or not.

    My first but obvious suggestion is to read very carefully what you have signed so far, and see what it says about the deposit given. If you don't have a copy I would query this with the LA, as I would imagine you should have one by law if you have given money over.


    "Life is difficult. Life is a series of problems. What makes life difficult is that the process of confronting and solving problems is a painful one." M Scott Peck. The Road Less Travelled.
  • jayss
    jayss Posts: 543 Forumite
    Part of the Furniture Combo Breaker
    They shouldnt have asked for your deposit prior to the reference checks being done.

    Be insistant.

    Martin&Co were my letting agent but (local office) went bust a month after I moved in :rolleyes: leaving me with a different agency that I would never have gone with given the choice.
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