Landlord changed mind

Jameson20

Hi all

Here is my story. We put in an offer to rent a house, which was accepted. The house is available from 1 July but we can only move at the end of July, which we made clear and which was accepted by the LL. We paid a £250 property holding fee deposit to secure the property and take it off the market. (paid to the Estate agent)

I get a call today to say there is a problem. Somebody had made an offer before us which was very low and so turned down by the LL. When this person saw that the house was off the market, they made a higher offer than ours, and said that they can move in 1st June. The LL wants to now give the property to this person as then they wont be losing a months rent....

I find this absolutely rediculous as they accepted our offer and that we could only move in at the end of July. We paid the 'holding' deposit to secure the property but this clearly means absolutely NOTHING and in this case it held nothing!! The LL should have given more thought to our offer before accepting if they were so concerned about losing a months rent.

I doubt we have any legal rights here as nothing has been signed etc. We are even willing to change our moving in date to the 9th July, even though we will still be in our old flat and effectively paying two rents for a month....The LL is yet to reply to this.

This kind of thing really leaves a sour taste in my mouth as what is the use of 'holding' deposits and more importantly, people's word? In this case it means nothing, absolutely nothing. Is there anything we can actually do here?

Comments welcome! I will let you know what the LL says about us 'moving in' earlier.

00ec25

Did you see (and agree) the terms and conditions of the “holding deposit” in writing?
If not then you think it means what you want it to mean, the LL clearly believes it means something else, and you are both free to rant as much as you want and go to court to resolve it where it will be your word against his
I am always amazed at the number of people who part with large sums of money yet never insist on, or read, the written contract

Jameson20

00ec25 wrote: »

Did you see (and agree) the terms and conditions of the “holding deposit” in writing?
If not then you think it means what you want it to mean, the LL clearly believes it means something else, and you are both free to rant as much as you want and go to court to resolve it where it will be your word against his
I am always amazed at the number of people who part with large sums of money yet never insist on, or read, the written contract

Hey

The terms of the holding deposit were sent to us via email by the Estate agent, so that proof we have. It's not about the holding deposit at all though, this the Estate agent will refund us. It's more about the LL going back on what they agreed on. We have a email covering this and confirming all the terms.
We didnt, as you say, part with large sums of money without insisting or reading the written contract. This was yet to be drawn up!

Ninjawombat

I'm assuming you're living in a part of England where you are asked to make offers on rent? (Which is a ridiculous practice if you ask me!)

Unfortunately, it doesn't matter if you've paid a holding deposit or not. The holding deposit only takes the property off the market, it doesn't make it yours. If the landlord decides that he doesn't want to rent the property to you, or if he accepts another offer before you sign the contract, that's that.

You'll get your holding deposit back but that's all I'm afraid. It's very cheeky of the landlord to do that, but he's within his rights to.

MissMoneypenny

Jameson20 wrote: »

This kind of thing really leaves a sour taste in my mouth as what is the use of 'holding' deposits and more importantly, people's word? In this case it means nothing, absolutely nothing. Is there anything we can actually do here?

Without a signed contract, I don't think there is. Make sure you ask the letting agent in writing, for your holding depoist back straight away.

Jameson20 wrote: »

Comments welcome! I will let you know what the LL says about us 'moving in' earlier.

My comment: Do you really want to enter into a contract with someone who can't keep his word? He sounds like a nightmare.

Ninjawombat

Yep, I was going to add that the landlord sounds flaky and you're probably lucky not to have to deal with him! Not the type of guy you want to have to rely on if you need any repairs done.

Jameson20

Ninjawombat wrote: »

I'm assuming you're living in a part of England where you are asked to make offers on rent? (Which is a ridiculous practice if you ask me!)

Unfortunately, it doesn't matter if you've paid a holding deposit or not. The holding deposit only takes the property off the market, it doesn't make it yours. If the landlord decides that he doesn't want to rent the property to you, or if he accepts another offer before you sign the contract, that's that.

You'll get your holding deposit back but that's all I'm afraid. It's very cheeky of the landlord to do that, but he's within his rights to.

I also thought it was really odd that you can put in offers for renting! This is something I have never heard of.

Jameson20

Ninjawombat wrote: »

Yep, I was going to add that the landlord sounds flaky and you're probably lucky not to have to deal with him! Not the type of guy you want to have to rely on if you need any repairs done.

That is my main concern here. The landlord does sound flaky indeed. Think it is the first time they are renting out their property as they are relocating. The property is managed by the estate agent so wouldnt have to deal with the LL directly, but still, they have the final say...

Ninjawombat

I've seen it happen in England, usually if the area is very popular for renters. It's perfectly legal unfortunately.

I would hate to have to deal with that though. It's already stressful enough trying to find a rented property.

paul1964_2

Jameson20 wrote: »

Comments welcome! I will let you know what the LL says about us 'moving in' earlier.

Get your deposit back and find somewhere else.

You only have to read some of the posts on this forum to see that some landlords are decent and some are dodgy, so find somewhere else and hope you find a good landlord.

ruggedtoast

The holding deposit holds you to the landlord not the other way around. They have no obligation to do anything until they sign your tenancy. Its not fair but there you go.

Sounds like you had a lucky escape with this landlord. Probably some buy to let chancer with no cash reserves and no clue.