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can landlord keep deposit because you couldn't get a guarantor?
missm29
Posts: 340 Forumite
A family member lent someone money for a deposit to rent a flat, the credit checks were done and they were told they needed a guarantor - they couldnt get one and thankfully my relative refused to be guarantor.
Thing is apparently the landlord kept the deposit, can they do this? or is the person just not wanting to give my relative the money back and thinks this excuse is acceptable.
Thing is apparently the landlord kept the deposit, can they do this? or is the person just not wanting to give my relative the money back and thinks this excuse is acceptable.
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Comments
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No.
Sounds pretty wrong to me.
Trading standards/and or their governing body.
CAB.0 -
Landlords can retain deposits, for provable damage and/or unpaid rent at the end of the tenancy. If the tenancy started after April 2007 (I think) the deposit would have to have been lodged in one of the three approved deposit-protection schemes. That the tenant has not receive the deposit back suggests that either the landlord has retained the deposit for damage or unpaid rent, the tenant doesn't understand the deposit-protection process and how to claim it back, or they are not being truthful.
How recently did the tenancy end?0 -
Hang on -
Is the OP talking about a holding deposit while references were taken up?
Or are they saying the Landlord allowed them to rent the flat anyway without a Guarantor and now the Landlord wants to retain the deposit?
Its not particularly clear from the OP.0 -
No one even moved into the property, no contract was signed. Deposit was given over the phone to secure the rental. It was the landlord that came back and said they failed the credit check and as one of them was out of work he wanted a guarantor, which they couldnt get.
I wonder if the landlord really did keep the deposit.0 -
If it was a holding deposit to secure the property and for the landlord to cease advertising until the person had had their credit-checks carried out then these are rarely returned.
If it was a damage-deposit and they secured a receipt for it, it should be returned0 -
Was any other monies paid to do the credit checks ?
How much exactly was lent ?
Sounds more like the holding fee. Did they stop marketing the property and stop viewings ?
B&T always beats me to it LOL xInside this body lays one of a skinny woman
but I can usually shut her up with chocolate!
When I thank a post in a thread I've not posted in,
it means that I agree with that post and have nothing further to add.
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It wasnt a small deposit though £600-£700 card details were given over the phone.0
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How much was the rent ? (that would be too much for a holding fee down this way but in London could be more understandable)Inside this body lays one of a skinny woman
but I can usually shut her up with chocolate!
When I thank a post in a thread I've not posted in,
it means that I agree with that post and have nothing further to add.
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Did they go through an agent? If so, someone needs to go to their office and get a breakdown of what these monies were in payment of. Some of it would most probably have been a holding deposit, some for credit-checks and the balance sounds like the damage deposit. The damage deposit is returnable, the other costs not0
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It was for a very small flat/studio on the south coast, at a guess a months rent would have been £450-£500 per a month.0
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