Refusal to refund holding deposit

Mrs_pbradley936

A friend has given an agent a holding deposit for a property but has never been given a date for a move. They have asked repeatedly for a date to move in and so far nothing.

They have asked the agent to refund the deposit but the agent has refused saying they took the place off the market and my friend has to pay £30 per day since the middle of August because they have stopped all other viewings.

Is this allowed?

Fire_Fox

What was agreed as far as timescales when the holding deposit was paid? Write to the letting agent/ landlord requesting a move in date or full refund.

Mrs_pbradley936

Fire_Fox wrote: »

What was agreed as far as timescales when the holding deposit was paid? Write to the letting agent/ landlord requesting a move in date or full refund.

That has been done (last week) and a move in date was promised verbally but nothing in writing. When pressed for something in writing or a refund they said their legal team did not think the deposit should be returned because the place had been taken off the market.

Mrs_pbradley936

They have had the deposit for 5 weeks. My friend was told it takes about 2 or 3 weeks to sort out references etc,

olly300

Mrs_pbradley936 wrote: »

That has been done (last week) and a move in date was promised verbally but nothing in writing. When pressed for something in writing or a refund they said their legal team did not think the deposit should be returned because the place had been taken off the market.

"Legal team" doesn't mean it includes a solicitor or a legal executive.

If they refuse to give a moving in date then you need to threaten to use all means possible to get the money off them.

I know the money is needed now but unfortunately you are probably going to have to write a letter send by recorded signed for threatening to take them to court in 14 days if they don't return it and they will be liable for all costs. Point out in the letter that by refusing to give you a move in date and letting you move in they have breached the contract.

They can then explain before a judge why they stop advertising the property if they had no intention of letting you move in.

Edited to say: Also report them to the local trading standards. They won't do anything but the more reports about unscrupulous EA/LA in the renting market there are the more they are likely to act.

Yorkie1

I'd also ask them for an explanation of the hold-up.

They can't simultaneously a) refuse to let you move in, and b) charge you for the delay whilst they refuse to let you move in.

If the delay is beyond your control then it isn't your fault and you shouldn't be charged. If the delay is beyond their control then it is frustrating but again it isn't your fault and therefore you shouldn't be charged.

And in any event if you weren't told about the charges at the start then I don't see how you can be charged as you didn't agree to them at the outset / before entering into the contract.