Renting - holding deposit but letted out to another tenant

fredfro

Hi,

Could anyone shine any light on a situation I've got concerning a rented property.

We viewed the property twice and placed a holding deposit on it. At the time we were told this would secure the property and "no one else would be shown around". Recently, I've been told that the property has been let out to another party but we were offered another small property for the same price (that we had already viewed).

Is it possible now to get the holding deposit back - we've been told (by the letting agent) that until they formally tells us we have no property available (which they are reluctant to do until they try and move tenants around within the block), that if we pull out, we will lose the money.

Thanks in advance,

BitterAndTwisted

I would argue with them that the holding deposit was paid to secure a specific property not just any old thing on their books which they can palm off on you.

I'd also arrange to have this discussion with them at a time of day when their office is full of potential new clients who might be able to overhear your conversation.

Polaroid_2

The holding deposit was for that specific property so yes you should be given the money back immediately.

Do you have a receipt?

Ulfar

Did they hold the property ? No

Do they have a right to keep the money ? No

In addition to this I would be !!!!ed of that they have been completely unprofessional.

fredfro

Thanks ulfar, polaroid and bitterandtwisted for your replies! It's what I thought but needed some confirmation before I want charging in.

Polaroid wrote: »

The holding deposit was for that specific property so yes you should be given the money back immediately.

Do you have a receipt?

Thanks for the confirmation. Yes, the reciept strictly states the property we requested.

theartfullodger

Sadly if the agent is that stupid this early on in the relationship over a small amount (relatively) I'd conclude I couldn't trust him further than I could throw him, & I've a bad back!

Cheers!

Artful

tbs624

Fredfro - in your circumstances, I would write a formal letter to the LA , keeping it polite and to the facts only( -no "We feel angry that...") and request that they return your money in full within 3 working days. Hand deliver it, send a 2nd copy via the post with a cert of posting.

At the bottom of the letter type : cc Trading Standards Office, Private Sector Rentals Officer, xxxxtown Council. Send a copy of your letter to both of those and keep one for yourself. If they don't return your money, send them a further Letter Before Action and then it's off to the small claims court.

I would avoid LAs who use holding deposits. Try looking for a LL who self manages their property - go via the local LL association or ask at the Council if they have an accreditation scheme for private sector LLs and a contact list.

princeofpounds

I agree with tbs, but just want to mention it's often impossible not to use agents; independent landlords aren't particularly easy to find.

For instance, I've never understood why when you go to a page like this:

http://www.landlords.org.uk/index.htm

there isn't a great big banner saying 'tenants, click here to find our landlords all advertising through one centralised classified ads service!'

BitterAndTwisted

But there is a "Property To Let" search function on the NLA site so that would seem to be the same thing PoP

fredfro

theartfullodger wrote: »

Sadly if the agent is that stupid this early on in the relationship over a small amount (relatively) I'd conclude I couldn't trust him further than I could throw him, & I've a bad back!

Cheers!

Artful

That was my initial thought but I was weary of cutting off my nose to spite my face!

tbs, bitterandtwisted and princeofpounds thanks very much. I'm going to try and find a local landlord privately and deal with the holding deposit concurrently. Much appreciated.

princeofpounds

But there is a "Property To Let" search function on the NLA site so that would seem to be the same thing PoP

Well I didn't see it, and that's kind of the point I wanted to get across. Where is the banner? The google sponsored link? Maybe even the ad on the tube or bus?

Private landlords should create a channel which can become the go-to place. The associations are in the ideal place to do this - gumtree is hardly satsfactory and at least we would know they were coming from NLA/RLA members.