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

princeofpounds

I'm going to join the chorus of 'told you so' I'm afraid.

You might have grounds to recover the holding deposit in the small claims court. It depends on any terms and conditions you were presented with prior to making the deposit, and any contract (verbal or written) you might have made with handing over the deposit.

They would argue that it was agreed non-refundable and you pulled out.

You would argue that it was agreed as refundable (an odd kind of deposit so may not be tenable) or that it was agreed non-refundable but that the landlord unilaterally changed the proposed terms of the tenancy. You would also probably argued that you were presented with no terms and conditions.

It would probably cost as much again to actually pursue through the court, and as much again in terms of time. You might get somewhere in terms of settlement by threatening court without having to actually go to it, depends if you want to go to the bother. As stated already consider it a lucky escape.

SuzieSue

saayinla wrote: »

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

I wouldn't give up without a fight. Send them a letter telling them why you think that you should get your deposit back and give them a date by which to repay it to you. Tell them if you don't get it back, you will take them to the Small Claims Court. You don't have to do it, but there is no harm in threatening it as long as you are sure that you won't need to use them in future. If you think you will, then just set out why you think you should get your deposit back and don't threaten to take them to court.

saayinla

princeofpounds wrote: »

I'm going to join the chorus of 'told you so' I'm afraid.

You might have grounds to recover the holding deposit in the small claims court. It depends on any terms and conditions you were presented with prior to making the deposit, and any contract (verbal or written) you might have made with handing over the deposit.

They would argue that it was agreed non-refundable and you pulled out.

You would argue that it was agreed as refundable (an odd kind of deposit so may not be tenable) or that it was agreed non-refundable but that the landlord unilaterally changed the proposed terms of the tenancy. You would also probably argued that you were presented with no terms and conditions.

It would probably cost as much again to actually pursue through the court, and as much again in terms of time. You might get somewhere in terms of settlement by threatening court without having to actually go to it, depends if you want to go to the bother. As stated already consider it a lucky escape.

I cant really help the situation much as I had already paid the deposit the moment i saw the property prior to posting this thread.
But yes you told me so and I am glad I have other options.

SuzieSue wrote: »

I wouldn't give up without a fight. Send them a letter telling them why you think that you should get your deposit back and give them a date by which to repay it to you. Tell them if you don't get it back, you will take them to the Small Claims Court. You don't have to do it, but there is no harm in threatening it as long as you are sure that you won't need to use them in future. If you think you will, then just set out why you think you should get your deposit back and don't threaten to take them to court.

I ll will see what I can do about this.

angrypirate

saayinla wrote: »

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.

They have broken their terms. Send them a letter and in bold write "LETTER BEFORE ACTION" at the top. Basically they are using the fact that they are holding £100 of your money to give you unfair terms - they tried making you sign under duress by making you forefeit your money. The very threat of the small claims court, mention of under duress and the fact they have broken their terms should make them send your money back in no time at all. From now on, ensure everything is done by registered post - put it all in writing. If you want to then feel free to email them as well, but include a statement saying "You will be receive a copy of this letter shortly in the post". Do not ring them. Keep everything traceable.

Tirian

SuzieSue wrote: »

I wouldn't give up without a fight. Send them a letter telling them why you think that you should get your deposit back and give them a date by which to repay it to you. Tell them if you don't get it back, you will take them to the Small Claims Court. You don't have to do it, but there is no harm in threatening it as long as you are sure that you won't need to use them in future. If you think you will, then just set out why you think you should get your deposit back and don't threaten to take them to court.

Quoted for truth. If you placed a holding deposit on one set of terms, then they cannot insist on keeping it unless they are prepared to go ahead on the terms on which the deposit was placed.

It depends on how much time and effort you want to throw into pursuing that though. It's almost certainly not worth actually going to the court (even the Small Claims Court) - but it's certainly worth putting it in writing that you will do so if the deposit isn't returned by a specified date. It worked for me when Keatons tried to fleece me in a similar kind of situation.

There's not a chance in hell I would ever use Keatons again, so I wasn't bothered about that - but as stated above, don't burn your bridges if you will need to come back to them some day.

saayinla

angrypirate wrote: »

They have broken their terms. Send them a letter and in bold write "LETTER BEFORE ACTION" at the top. Basically they are using the fact that they are holding £100 of your money to give you unfair terms - they tried making you sign under duress by making you forefeit your money. The very threat of the small claims court, mention of under duress and the fact they have broken their terms should make them send your money back in no time at all. From now on, ensure everything is done by registered post - put it all in writing. If you want to then feel free to email them as well, but include a statement saying "You will be receive a copy of this letter shortly in the post". Do not ring them. Keep everything traceable.

Tirian wrote: »

Quoted for truth. If you placed a holding deposit on one set of terms, then they cannot insist on keeping it unless they are prepared to go ahead on the terms on which the deposit was placed.

It depends on how much time and effort you want to throw into pursuing that though. It's almost certainly not worth actually going to the court (even the Small Claims Court) - but it's certainly worth putting it in writing that you will do so if the deposit isn't returned by a specified date. It worked for me when Keatons tried to fleece me in a similar kind of situation.

There's not a chance in hell I would ever use Keatons again, so I wasn't bothered about that - but as stated above, don't burn your bridges if you will need to come back to them some day.

Looks Like I will be taking this further and not letting go as the LL will be the person to benefit from not refunding my holding deposit.

SuzieSue

angrypirate wrote: »

They have broken their terms. Send them a letter and in bold write "LETTER BEFORE ACTION" at the top. Basically they are using the fact that they are holding £100 of your money to give you unfair terms - they tried making you sign under duress by making you forefeit your money. The very threat of the small claims court, mention of under duress and the fact they have broken their terms should make them send your money back in no time at all. From now on, ensure everything is done by registered post - put it all in writing. If you want to then feel free to email them as well, but include a statement saying "You will be receive a copy of this letter shortly in the post". Do not ring them. Keep everything traceable.

Great advice. But again, ensure that you will not need to use them in the future.

kmmr

What does the actual document you signed when you gave the holding deposit say?

I agree with your stance on the damp by the way. A comment about keeping the deposit for 'damp/condensation' issues rings alarm bells for sure. Clearly this is a chronic problem in the flat.

atush

saayinla wrote: »

LL is asking for 3 month's rent in advance just because 2 out of 3 month's statement showed debit.

Coming from a previous rental of over 4 yrs never missed a payment.

IS she taking a !!!!?

Overdraft are meant to be used and are there for a reason.

(I have Interest free over draft up to £1k and never exceeded it.)

PS: EA as just informed me that the Landlord as informed her that I have to operate a dehumidifier every-time I cook as not to allow condensation to form in the Kitchen, sure this is not Good? when asked about the cost of running the equipment, EA said it has to go on my bill.

She said opening the windows alone when cooking does not cut it for her and will be checking in every couple of months to see.

Sounds to me her kitchen has inadequate ventillation and she should sort that BEFORE you take up residency and I would make it a condition of taking the place.

Out of order I say. An I am not a tenant, but own.

saayinla

kmmr wrote: »

What does the actual document you signed when you gave the holding deposit say?

I agree with your stance on the damp by the way. A comment about keeping the deposit for 'damp/condensation' issues rings alarm bells for sure. Clearly this is a chronic problem in the flat.

I have not signed any document up to date as it seems every single discussion I ve had with the EA has to be ran past the LL before any progress....But it is just the Reference sheet shown below: