Holding deposit and Landlords refusal to show me the contract before moving day

Youngs

I know there are a few of you on here so I'm wondering if any of you are able to help. I'd really appreciate any advice.

I'm in the process of trying to rent a room in a shared house via the landlord directly. I have already paid a £400 'holding deposit' which will make up half of the security/damage deposit. I've not signed anything in writing to say this is non-refundable or the conditions of this deposit at all. All that was said was that I needed to pay this to start the rest of the process in renting the property.

However, since then a few extra surprises have cropped up. Firstly, I have been asked to pay £50 for the tenancy agreement. Also, she refuses point blank to let me see this 'agreement' before 5.15 pm on the day I move in, where she will go through it with me in person.

My problem is that I would at least like to see a draft of the contract with some time to look over it properly. The fact that I am not being allowed makes me think there are some things she would rather I would skim over. Also if this is the way she operates when she is trying to get me to sign and pay her money, it doesn't look very promising for how she may act when I come to trying to get a deposit back.

I'm just wondering if any of the more legal minds on here can offer me some advice? Can I still pull out and get my £400 back? I've signed nothing to say I commit to signing the contract and as such will lose it if I don't. However, does the term 'holding contract' just imply this and is this enough for me to wave goodbye to my money if I don't take the room.

I think I have a reasonable 'get out clause' in that in her last email described the final meeting (5:15 on the day I move in), in which she will go through the contract with me and I 'will' sign it, as a 'meeting to screen the potential tenant to ensure the potential tenant will get on with all other tenants and share similar values with us.' Based on this do I have the right to duck out given that I don't believe I 'share similar values' with her?

Thank you for any help with this.

rentergirl

I think you are right. But it's always hard to claim any supposed 'holding fee' back. I would put this in writing, and (I always get shot down in flames for this) send it registered post, or with other proof of delivery. State what you have put in this post: that you were actually 'bulldozed' into signing, and would not have been able to see the contract before signing. (Other legal bods here will help with the legality of that, and a reasonable time to read a document.) I think this smell bad, and wouldn't move in. Prepare to fight for that money back though.

Youngs

rentergirl wrote: »

I think you are right. But it's always hard to claim any supposed 'holding fee' back. I would put this in writing, and (I always get shot down in flames for this) send it registered post, or with other proof of delivery. State what you have put in this post: that you were actually 'bulldozed' into signing, and would not have been able to see the contract before signing. (Other legal bods here will help with the legality of that, and a reasonable time to read a document.) I think this smell bad, and wouldn't move in. Prepare to fight for that money back though.

Thank you.

I didn't sing anything regarding the holding fee so I don't see how any strong conditions could be attached to it. Also given, that she is refusing to let me see the contract before signing I think that a court would side in my favour.

I just hope I don't have to go down that route. Hopefully she will simply offer to return the money. Failing that, I hope the threat of legal action will be enough to return it.

[Deleted User]

When she does give you the contract just refuse to sign it until you have had time to read it and understand it, regardless of any protests she makes. Try and arrange for a meeting to sign the contract before u have to move into the property if you can so that gives u some room to manouvre if u need it (i.e. you aren't sitting there with your stuff, waiting to move into the room)

Registered post is signed for post, so she can always refuse to sign and can therefore quite legally say she never received it. If u want to be able to say she received a letter, send it first class from two different post offices, asking at the post office for a free certificate of postage. That will then be accepted in court as proof of sending. We hear on here over and over again of problems when sending by some form of signed for post.

Youngs

deannatrois wrote: »

When she does give you the contract just refuse to sign it until you have had time to read it and understand it, regardless of any protests she makes. Try and arrange for a meeting to sign the contract before u have to move into the property if you can so that gives u some room to manouvre if u need it (i.e. you aren't sitting there with your stuff, waiting to move into the room)

Registered post is signed for post, so she can always refuse to sign and can therefore quite legally say she never received it. If u want to be able to say she received a letter, send it first class from two different post offices, asking at the post office for a free certificate of postage. That will then be accepted in court as proof of sending. We hear on here over and over again of problems when sending by some form of signed for post.

Thank you Deanna.

The problem is the move in date is now Wednesday, and at 5:15 pm at that. I need to be at work by 7pm. This is why I asked to see the contract before, as I would happily read it and iron out any problems before hand, allowing me to simply sign and put the bags in the room on the day.

I have emailed again to request to see a draft copy of the contract before moving in, even though this is 'against company procedure.'

Once again thank you for your advice.

byjimini

Meh, I wouldn't bother renting from her then. Personally I couldn't have the constant threat of them acting up hanging over me every day.

As for the £400, I think you've been a bit hasty in handing that over with no written agreement.

Anyhow, hope it works out for you.

[Deleted User]

Yes sorry, I didn't read your initial post properly. Unfortunately, I'm not sure what u can do as u handed over the £400 holding deposit. U do have a receipt.., but u may find it difficult to get the money back. All I can suggest is (depending on how far away the room is from where u are living) going there to sign the deposit, have a good read, if it all looks ok, sign and move in (U'd be better off not moving in that night rather than signing an iffy tenancy agreement because u have all your stuff with you). If it doesn't then u may have to start negotiating about this holding deposit. Obviously u know next time to not hand over money without having a better idea what you are getting into.

An admin fee on its own is not unusual enough to justify suspicions.., the refusal to let u see the rental agreement is not that auspicious a start to a letting., but again, not unusual. Just make sure u read it slowly and thorougly. Any changes u and the landlord agree to should be written on the contract and signed by both. If there are problems, deal with them then rather than presupposing they are going to be there. If there is an inventory, go through the room and make sure the room is in the condition stated and has the declared items in place. Note on the inventory if they are not. Both of you should sign it. A nit picking attitude is useful here as we have too many instances of letting something go at sign up rearing up and 'biting the bum' of the OP at exit of the tenancy. If there is no inventory, they are not justified in claiming part of your deposit for damages at exit.

I'd suggest a visit to the CAB might be in order if u can manage it at this late date, just to clarify what your rights are (and u could show them the receipt and find out if u can get the money back in these circumstances). Also have a read through some of the posts on here so u are more familiar with the problems and 'fixes' that come up.

Yorkie1

rentergirl wrote: »

I think you are right. But it's always hard to claim any supposed 'holding fee' back. I would put this in writing, and (I always get shot down in flames for this) send it registered post, or with other proof of delivery. State what you have put in this post: that you were actually 'bulldozed' into signing, and would not have been able to see the contract before signing. (Other legal bods here will help with the legality of that, and a reasonable time to read a document.) I think this smell bad, and wouldn't move in. Prepare to fight for that money back though.

You always get shot down in flames because you are always wrong.

As repeatedly pointed out on here, it is a high risk strategy because the letter can be either non-delivered to, or refused by, the LL. Then you are back to square one with a delay.

I now know of 4 people who would have lost out financially and legally by following your duff advice.

Why won't you just learn?