deposit refund?

kparky1

Hi
My son was due to move in to his uni house (private landlord) next week (13 September 2009).

The student Let Agreement states that "You will be comiited to the tenancy once you take occupation of the property"

My argument is that since he hasn't moved in to the property the contract hasn't commenced. I wrote and my son wrote to the Letting Agent saying he wouldn't be entering in to the contract on 6 July 2009.

I paid a £250 deposit was paid (£35 of which "is used to pay the insurance cost of bonding this deposit in a deposit protection scheme nominated by the Agent). The deposit is held as security for the performance of the tenanats obligations under this agreement and to compensate the andlord for any breach of those obligations."

"The deposit will be refunded to the Tenant when
- the property has been yielded to the Landlord
- all keys have been returned
- any deductions have been agreed between the landlord and the tenant

My son 's friends have found someone else to move in to the house instaed but the deposit is "non-transferable"

A month after posting the letter to the Letting Agent my sons letter was returned. It turns out that the Letting Agent no longer operates from that address and has now moved in to a room above a pub !!!

Can I claim the deposit back?

clutton_2

""Can I claim the deposit back?""

on what grounds ?

has he signed a tenancy agreement ?

has your son paid rent yet ?

has he been given a tenancy deposit scheme reference number/certificate for the deposit ?

is he the "lead" tenant as TDS will only deal with one tenant who needs to liasise with the TDS on behalf of all the tenants

if this £250 was an admin fee charged by the agency then i doubt it will be refunded, as they have done what you asked them to - they have found a property

kparky1

clutton wrote: »

""Can I claim the deposit back?""

on what grounds ?

has he signed a tenancy agreement ?

has your son paid rent yet ?

has he been given a tenancy deposit scheme reference number/certificate for the deposit ?

is he the "lead" tenant as TDS will only deal with one tenant who needs to liasise with the TDS on behalf of all the tenants

if this £250 was an admin fee charged by the agency then i doubt it will be refunded, as they have done what you asked them to - they have found a property

Thanks for your reply

I'm not sure if my son has signed a tenancy agreement - he probably has
No, he hasn't paid rent because he's not moving in.
We have a deposit protection certificate number for the deposit.
I'm not sure if he's the lead tenant
What does TDS stand for please?
The contract states that "the deposit will be yielded when all keys have been returned, any deductions have been agreed, receipted utility bills have been provided"

clutton_2

""I'm not sure if my son has signed a tenancy agreement - he probably has""

no one can advise you properly until you know the answer to this question

TDS tenant deposit scheme

kparky1

clutton wrote: »

""I'm not sure if my son has signed a tenancy agreement - he probably has""

no one can advise you properly until you know the answer to this question

TDS tenant deposit scheme

yes, he has signed a tenancy agreement

clutton_2

""My argument is that since he hasn't moved in to the property the contract hasn't commenced""

sorry thats not quite how things work - usually signing an agreement means that he has a legally binding duty to pay the rent for the whole of the fixed term whether he stays there or not......

in the same way that a LL has a legally binding duty to keep the property for your son for the fixed period.

i find it very odd that a LL would sign an agreement and not take rent - has your son paid any rent - or given post dated cheques ?

How many of them are sharing the house, and have they all signed the same tenancy agreement ?

The deposit you describe sounds like the TDS deposit (rather than an admin fee/ ED holding deposit)

kparky1

clutton wrote: »

""My argument is that since he hasn't moved in to the property the contract hasn't commenced""

sorry thats not quite how things work - usually signing an agreement means that he has a legally binding duty to pay the rent for the whole of the fixed term whether he stays there or not......

in the same way that a LL has a legally binding duty to keep the property for your son for the fixed period.

i find it very odd that a LL would sign an agreement and not take rent - has your son paid any rent - or given post dated cheques ?

How many of them are sharing the house, and have they all signed the same tenancy agreement ?

The deposit you describe sounds like the TDS deposit (rather than an admin fee/ ED holding deposit)

Hi
My son hasn't paid any rent, hasn't provided any post dated cheques and hasn't completed a direct debit form. The first payment was due today when he would have picked up the keys.

He paid the deposit on 23rd May 09. He informed the letting Agent that he wasn't going to enter in to the contract or occupy the property on 6 July 09.

There are five others sharing the house. Another person has taken the room my son would have had. They all signed the same tenancy agreement.

Thanks for your advice

clutton_2

ask if the replacement student has also paid a deposit - if he has then ask the LL for the return of your sons money

kparky1

clutton wrote: »

ask if the replacement student has also paid a deposit - if he has then ask the LL for the return of your sons money

Thank you
I'll let you know how we get on