LL changing mind about deposit

Kazzaroo

We are moving and new LL agreed to take us on without a deposit upfront (according to LA) and agreed we could pay it over 4 months,we paid £150 LA fees as agreed and agreed a TA starting 19th July, recieved an email from LA today saying LL had changed his mind and wanted the deposit before letting anyone sign TA, we are on HB and LA and LL were away of this from the start, Where do we stand ? we could at a push get the money together but just wondered where we stand if we we couldnt get the money together, could we ask for the £150 back as the terms changed after paying it ?

Kazzaroo

sorry to bump but desperate for answers if possible please

ValHaller

Essentially if the goal posts are moved after your deposit and any fees are taken, and you are not happy, you should expect the deposit and fees back in full without quibble

bebewoo

Morally you are right ValHaller. but what's the betting that the agents say they have already done references and credit checks and so are going to keep the money?

Kazzaroo

ValHaller wrote: »

Essentially if the goal posts are moved after your deposit and any fees are taken, and you are not happy, you should expect the deposit and fees back in full without quibble

The goal posts have been moved after paying the £150 referencing fees,I understand that it is the LL changing the goalposts rather than the LA as LA has said she is willing to put the £150 referencing fee already paid towards the £300 deposit LL wants so i would only need to pay another (and i say another begrudgingly) £150 but what happens if after paying the £150 extra the LL decides he also wants a months rent upfront ?, what recourse would i have as the original £150 was for referencing? (i have an email from LA telling me LL wants the deposit first and saying she is willing to put the £150 towards the rent) would i have to go to small claims court to claim the £300 back ?,i have borrowed alot of the money off my family to finance this move (for employment) so need to know where i would stand if the worst was to happen and the goalposts are moved again.

thanks in advance

Kazzaroo

bebewoo wrote: »

Morally you are right ValHaller. but what's the betting that the agents say they have already done references and credit checks and so are going to keep the money?

Please see longer explanation above.

ValHaller

bebewoo wrote: »

Morally you are right ValHaller. but what's the betting that the agents say they have already done references and credit checks and so are going to keep the money?

Legally they are only authorised to charge those fees against an agreed contract. The terms were agreed and the costs of referencing are only authorised against the agreed contract. Changing the contract means that the fees are refundable in full.

The agent might say that they are going to keep the money, but they law would say otherwise. If the agent has a problem with that, his costs should be defrayed at the expense of whoever changed - or reneged on - the contract. Getting the money back may be difficult because of establishing the facts, but the law is straightforward.

Kazzaroo

ValHaller wrote: »

Legally they are only authorised to charge those fees against an agreed contract. The terms were agreed and the costs of referencing are only authorised against the agreed contract. Changing the contract means that the fees are refundable in full.

im not planning on digging my heels in and demanding it as i want to be reasonable but am wondering where i stand if i was to pay the £150 and then the goalposts moved again.

Kazzaroo

So just to sum up to make sure i have got it right:

I could ask for my existing £150 back and walk away on the basis the terms of agreement have changed

I could pay the extra £150 and if the "goalposts" were moved again i could then ask for my £300 back because the terms would have changed again

correct ?