Deposit

[Deleted User]

If someone (not me, a friend) hands over a deposit.., and then fails the 'affordability check' shouldn't they get their deposit back? They are being told they can't have their deposit back. I don't know any more details than that.

DomRavioli

I am guessing this is a rental property, and that might have been a retaining bond.

Was it through an estate agency?

Was the deposit placed in the deposit schemes - see stickys for details

Unfortunately without even basic information, it is bloody hard to advise you on anything.

BitterAndTwisted

If they haven't succeeded in being granted a tenancy then the money paid cannot be the damage deposit and therefore could not be registered with any of the schemes.

Normally, monies paid to an agent would be a set sum for referencing plus another sum as a "holding deposit" to take the property off the market pending the result of the credit-checks. If the landlord declines to offer a tenancy then usually the holding deposit should be returned.

If the agent is declining to return the holding deposit they are obviously chiselling shysters.

[Deleted User]

I suspect they are.., my friend does not have as much wariness as I do. She said she paid the money as a deposit but I suspect there were admin fees involved as there usually are. She probably just wasn't wary enough and didn't ask the right questions. She's being evicted from her present property because the flat has damp and the landlord can't afford the repairs.., and is now selling the flat. There's all sorts I could tell her but she just isn't listening at the moment because she's fairly annoyed. Sort of tenant the shiftier landlords swoon over. Expects the world to operate differently to how it does and it looks like she's going to end up homeless and nothing I can do to help because she's just not listening. And no, she doesn't have any children but its still worrying.

[Deleted User]

It seems my friend has applied for council housing, hasn't paid rent for the last two months (the landlord has applied to court for a S8, plus a S21 - and has been successful.. and is calling Bailiffs to evict her) and doesn't realise how much trouble she has created for herself. I'm sure she hasn't paid rent to get a deposit for a new place but she doesn't seem to have computed that she needs a good reference from the landlord and there is a need for future landlords to be confident she will pay the rent. Also I would assume the council will regard her as making herself intentionally homeless so she now won't get a council place.

I hope this will be a word of warning to other tenants considering doing the same. However bad you think your landlord is behaving, behaving like this just plays into his hands. The Landlord says he would have been more amenable if she hadn't been so rude to him. I must admit, she's been the same with me although I have tried to help her.., but she is fairly annoyed and won't listen.

BitterAndTwisted

She's going to be a bit more than just "annoyed" when the court-appointed bailiffs show up to toss her and her belongings out on the street!

And you're right: if the landlord has had possession granted based on the S8 the council won't accept any responsibility for helping her whatsoever.

If you've got a sofa I would suggest getting shot of it asap.