Holding Deposit not being returned??

ajp166

geoffky wrote: »

Treat them with the contempt they deserve..give them a two weeks before action letter and then drag the idiots into small claims court...simples..this is the language some people only understand..

My girlfriend just came home and we even have a receipt for the £1300 which she paid on the 6th May 2011, so she intended to take the flat, paid them balance and then the company changed their mind and gave the money (£1300) back to her... minus the £300 holding deposit.

Enfieldian

Sorry, but what contract term were you expecting?

A minimum of six months to begin with is fairly standard.

ajp166

Enfieldian wrote: »

Sorry, but what contract term were you expecting?

A minimum of six months to begin with is fairly standard.

It was my partners first private rental, they knew this and initially said she can leave with a months notice....

Enfieldian

I think that something was missed in the initial conversation then.

Why on earth would a landlord rent a property out and then face having the tenant move out after just two months?

It would be one months notice AFTER 6 months.

princeofpounds

It's quite clear what happened in general, although the details are not. A verbal agreement was made on a form of contract. A holding deposit was paid to secure this. And then when the paper agreement turned up it was different to that which was agreed.

Given that it was the agency which introduced modified conditions your partner cannot be blamed for withdrawing from the agreement.

If you have evidence that they modified the conditions (is such a thing implied in any email correspondence?) then you will have a pretty easy win in small claims court. If not then the case would be decided on the balance of probabilities. You would have a good chance as judges are normally wise to these sorts of LA tricks, and the fact that she paid further money in is a sign that she did try to progress the deal, but it can't be guaranteed.

In any case a letter before action is worth a try as it might produce a result without court. And small claims court is relatively easy and cheap to do - no lawyers is normal and even if you lose you rarely shoulder any costs of the other party. Given that £300 is probably at least what it would cost the agency to defend in terms of wasted time they might just give it back to settle.

real1314

princeofpounds wrote: »

It's quite clear what happened in general, although the details are not. A verbal agreement was made on a form of contract. A holding deposit was paid to secure this. And then when the paper agreement turned up it was different to that which was agreed.

Given that it was the agency which introduced modified conditions your partner cannot be blamed for withdrawing from the agreement.

If you have evidence that they modified the conditions (is such a thing implied in any email correspondence?) then you will have a pretty easy win in small claims court. If not then the case would be decided on the balance of probabilities. You would have a good chance as judges are normally wise to these sorts of LA tricks, and the fact that she paid further money in is a sign that she did try to progress the deal, but it can't be guaranteed.

In any case a letter before action is worth a try as it might produce a result without court. And small claims court is relatively easy and cheap to do - no lawyers is normal and even if you lose you rarely shoulder any costs of the other party. Given that £300 is probably at least what it would cost the agency to defend in terms of wasted time they might just give it back to settle.

I wouldn't expect to ever see 1 month's notice in a letting contract during the initial fixed period.

A tenant ALWAYS has the right to stay for 6 months minimum, therefore Landlords always state the minimum period to be 6 months.

It sounds to me like the GF has thrown a stroppy fit over this. It's a bit like someone complaining when they buy goods for £120 that they didn't want to pay the 20% VAT on top of the £100.
How credible would that be?

The LA has then thought - "hang on, if she's expecting a 1 month notice period and is actually insisting on it, I bet she'll do a runner after a couple of months, or will stop paying the rent" - the alarm bells have rung, the lights have started flashing and they've thought again. :cool:

princeofpounds

How credible would that be?

Doesn't matter how credible it is. The LA should still be returning the holding deposit - they changed the agreed deal even if the change was to something more normal.

dancingfairy

I suspect it started out as just a misunderstanding to be honest. The letting agents probably said it's a standard 6 month contract then 1 months notice or something along those lines.
Unfortunately it all seems to have got heated - letting agents/landlord possibly thought tenant was messing around, tenant gets stressed out/annoyed etc etc.
The problem now is trying to get the money back. I suggest a polite letter at first then a small claim in the court if necessary.
df

ajp166

real1314 wrote: »

I wouldn't expect to ever see 1 month's notice in a letting contract during the initial fixed period.

A tenant ALWAYS has the right to stay for 6 months minimum, therefore Landlords always state the minimum period to be 6 months.

It sounds to me like the GF has thrown a stroppy fit over this. It's a bit like someone complaining when they buy goods for £120 that they didn't want to pay the 20% VAT on top of the £100.
How credible would that be?

The LA has then thought - "hang on, if she's expecting a 1 month notice period and is actually insisting on it, I bet she'll do a runner after a couple of months, or will stop paying the rent" - the alarm bells have rung, the lights have started flashing and they've thought again. :cool:

I think you need to read my posts again.... my girlfriend went there with the remainder of the deposit, they even took this and stamped 'paid in full' on a receipt, so why would my girlfriend throw a fit if she knew what the deal was?

I spoke to the manager of the agency and after I introduced my self he immediately said ' i will tell you this once and once only' , do you think that sounds like a decent person? on the day of the hand over they promised a refund of the holding deposit, the girl in the agency even took my GF's bank details so it's quite clear that they are guilty in all of this.

ajp166

Guys,

In the letter to the agency what should I be writing? Should I list all events or just ask for the money back?

I was thinking if I list all events they could plan their defence etc....