Landlord asking for 3 Months rent in advance plus 1 month Deposit.

jjlandlord

saayinla wrote: »

It was the landlord who changed the terms and not me, and the terms were changed 5 Days after the initial condition of 3+1 rents was proposed..

But are the new terms clearly to your disadvantage?
3+1: You need to pay 4 month worth of rent upfront, but need not pay again for 3 months.
1+2: You need to pay 3 month worth of rent upfront, but need to pay again after 1 month.

auroan

Just turn around and say you'll be taking the agency to court with regards to unfair contract terms.

poppysarah

saayinla wrote: »

Thats about right...you saw my other thread.

Why are you signing up for this flat?

saayinla

robpw2 wrote: »

did the letting agent let you know the terms regarding retaining of your fee before you gave them the money ?

I was informed the Money will be refunded if the landlord is not happy with my references.

jjlandlord wrote: »

But are the new terms clearly to your disadvantage?
3+1: You need to pay 4 month worth of rent upfront, but need not pay again for 3 months.
1+2: You need to pay 3 month worth of rent upfront, but need to pay again after 1 month.

Yes I think it is, as the landlord might be hiding something as regards the dehumidifier issue and would hold me to ransom if she has 2 month's rent as deposit, she can come up with some excuses to take as much as she want from my deposit and claim I damaged her property and If i paid 3 months in advance, I know I do not have to pay another rent until the start of the 4th month.

auroan wrote: »

Just turn around and say you'll be taking the agency to court with regards to unfair contract terms.

Can I just do this straight on?

saayinla

poppysarah wrote: »

Why are you signing up for this flat?

Actually I am not, I just saw a more suitable flat 2 days ago and was going to use the landlord changing the terms as a get out clause rather than just saying I am no longer interested.

casper_g

What were the terms of the deal when you paid the holding deposit? If the current proposal (rent payable monthly in advance and a deposit equal to 2 months' rent) is worse than the deal that was on the table when you paid the £100, then it's unreasonable for the holding deposit to be retained. If the landlord has demanded a bigger deposit because they don't like the result of the reference check then you should still get the deposit back if you were told unsatisfactory references = the money will be refunded.

Yorkie1

All of us have said throughout that you should walk away from this LL.

Her stance on the humidifier / mould issue was apparent from the outset; it's just been said differently now.

She cannot make deductions from a deposit arbitrarily and without good cause. She has to prove to the arbiter or court why you are liable for it.

On the original terms, if you did in fact cause damage there is nothing in law to prevent her suing you in the small claims court if the 1 month's deposit was not sufficient so you would still be at risk.

If, when you put the holding amount down, the paperwork clearly stated 1 month's deposit plus x months' rent, then I would say that you do have a decent argument that they have changed the terms and you are therefore entitled to the money back, particularly as there appears to be a clear ventilation problem and mould risk from what the LL has now said (i.e. requirement to use dehumidifier, reference to increased deposit - she wouldn't be saying all of this if she was unaware of previous problems).

But if they disagree then it really isn't worth going to court over.

saayinla

casper_g wrote: »

What were the terms of the deal when you paid the holding deposit? If the current proposal (rent payable monthly in advance and a deposit equal to 2 months' rent) is worse than the deal that was on the table when you paid the £100, then it's unreasonable for the holding deposit to be retained. If the landlord has demanded a bigger deposit because they don't like the result of the reference check then you should still get the deposit back if you were told unsatisfactory references = the money will be refunded.

I paid the holding deposit immediately after viewing the property and the Initial terms were.

1. 1 month rent Plus 1 months deposit

2. Then after all references received, LL said she was not comfortable with my account being overdrawn and she is only prepared to go ahead if I was willing to pay 3 months rents upfront plus 1 month for deposit and then she chipped in the need to run a dehumidifier in the kitchen, I agreed to the 3+1 months rents upfront and expressed my concern about the dehumidifier business and then she change the terms again and said she ll take 1 month rent plus 2 months deposit 5 days after previously asking for the 3+1 terms.

saayinla

Yorkie1 wrote: »

All of us have said throughout that you should walk away from this LL.

Her stance on the humidifier / mould issue was apparent from the outset; it's just been said differently now.

She cannot make deductions from a deposit arbitrarily and without good cause. She has to prove to the arbiter or court why you are liable for it.

On the original terms, if you did in fact cause damage there is nothing in law to prevent her suing you in the small claims court if the 1 month's deposit was not sufficient so you would still be at risk.

If, when you put the holding amount down, the paperwork clearly stated 1 month's deposit plus x months' rent, then I would say that you do have a decent argument that they have changed the terms and you are therefore entitled to the money back, particularly as there appears to be a clear ventilation problem and mould risk from what the LL has now said (i.e. requirement to use dehumidifier, reference to increased deposit - she wouldn't be saying all of this if she was unaware of previous problems).

But if they disagree then it really isn't worth going to court over.

Hi thanks for the above, I am quite happy to let go of the Holding deposit as I was initially inclined towards buying the Estate Agents I have been dealing with a couple of drinks as everyone of them has been nothing but nice from the First Day on.

As long as the Holding deposit is not in the Landlady's pocket I am happy to let the agents have it.

They just sent me another email to persuade me that the LL is a really nice person and I should rethink my decision until I meet her over the weekend, but I ll just pull out as I have found a more suitable place.

jjlandlord

saayinla wrote: »

As long as the Holding deposit is not in the Landlady's pocket I am happy to let the agents have it.

A holding deposit should go to the landlord.