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

millym

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.

I agree with the above. Send them a Letter Before Action, detailing the terms you agreed when you gave the holding deposit, and outlining the varied terms that you regard as a breach of contract.

Do it all in writing. I have a feeling that deposits are usually for about 6 weeks rent in advance, and am sure there is a reason for this, but cannot remember what it is, but this may make a 2 month deposit unreasonable.

Perhaps someone more knowledgeable can explain this?

BTW, I think you've had a lucky escape, even if it means you lose your £100. I almost rented a place a few years ago that needed a new DPC. The walls were wet and the laminate flooring was lifting up. Was waiting for the work to be done, when apparently LL decided he wasn't going to let it out, so I found another place.

I know the work never got done, but it was put back on the market a few months later, and comes up for rent every 6 months without fail...
:eek:

Tirian

Looks pretty clear cut to me. Ask them if they are prepared to let the property to you as per the terms of the agreement for the holding deposit , with one month's deposit and one month's rent paid up front. If not, then they are the ones that are breaking the agreement.

Btw, if you relinquish the holding deposit then the landlord won't get any of it - the letting agency will keep it all.

millym

Tirian wrote: »

Looks pretty clear cut to me. Ask them if they are prepared to let the property to you as per the terms of the agreement for the holding deposit , with one month's deposit and one month's rent paid up front. If not, then they are the ones that are breaking the agreement.

Btw, if you relinquish the holding deposit then the landlord won't get any of it - the letting agency will keep it all.

Only trouble with that is that the OP doesn't want the flat any more, so if they turn around and agree, they won't have any get out. I would stick to what angrypirate said, and say that they broke the terms of the original agreement.

The place seems to have an ongoing damp problem, and the LL seems convinced that it is due to lifestyle rather than structural issues.

I've always been a fresh air freak, but once lived in a place with terrible dampness. Ruined all our clothes, curtains, bedding etc and heating bills were sky high!

Tirian

Surely that option is open to them whatever approach is taken. If they want to come back and say, "oh well, we'll honour the original agreement then", then the OP is stuffed.

However it's clear that the landlady won't accept this, so that option isn't open to them.