Put down holding deposit but house became 'unavailable'

ashley1621

I put a holdign deposit down with a letting agent who then told me the house had become unavailable 2 weeks before moving in (and after I've already given notice for my current residence.....), they said they'll give me the holding deposit back, but am I entitled to any other compensation? Includign the fee from the bank for sending the letting agent a reference which they didn't cover? Any help would be much appreciated!

Guest101

No. You aren't entitled to anything (unless you signed a contract) - but I presume you didn't.

Arklight

Depending on what you were told you can claim that you had agreed a contract, verbally or otherwise, and apply to the courts for compensation.

Realistically though, no. As a tenant in the UK you have comparatively few rights after signing an AST and virtually none beforehand.

In my experience you will be asked to sign your copy of the AST as soon as possible but won't see a countersigned version until well after you move in, unless of course you want to renegotiate something in which case you will be told the landlord signed it before your own ink was dry.

Moving day for renters usually starts with a trip to the letting agents to get the keys with fingers crossed.

Pixie5740

The OP isn't a tenant. The OP does appear to have some kind of contract though but that doesn't mean he/she is entitled to compensation. I would ask for a refund of all fees paid to the letting agency but I don't think that includes the fee paid to the bank for a reference. My main focus would be finding somewhere else to live.

Note that housing law is not the same in all parts of the UK. Tenants in Scotland do not have AST for example.

PasturesNew

A holding deposit is presented, certainly verbally, as your assurance/guarantee "it's yours, so long as you pass the credit checks" - nobody can take it from you.

However, in reality, you probably hand over the money on the word of a slimey slick sales agent - and you're desperate/grateful and believe what they say because it's presented to you as such.

It's immoral that until you sign the AST, on the morning you're expecting to move in, you can never be SURE ... you've actually got it.

OP - did you sign anything, or did you just speak to the slimeball at the agency?

As for your current home, you don't have to move out. You've given notice, but that doesn't commit you. You can now withdraw that, thus further complicating an already embarrassing and awful situation.

Pixie5740

The OP cannot just unilaterally withdraw his/her notice. In fact if the OP remains in the property after the end of the notice period the landlord could charge double rent under the Distress for Rent Act 1737. If the OP wishes to remain in the current property he/she would need to negotiate this with their landlord, it's not a given.

Guest101

PasturesNew wrote: »

A holding deposit is presented, certainly verbally, as your assurance/guarantee "it's yours, so long as you pass the credit checks" - nobody can take it from you.- A holding deposit, by my understanding is thus: we will not accept any other applications or market the house further whilst your application is processed. Absolutely no guarantee of any tenancy should be expected.

However, in reality, you probably hand over the money on the word of a slimey slick sales agent - and you're desperate/grateful and believe what they say because it's presented to you as such. - Well all fees should be explained in writing on the website and in the office.

It's immoral that until you sign the AST, on the morning you're expecting to move in, you can never be SURE ... you've actually got it. - Possibly. Morals vary from person to person.

OP - did you sign anything, or did you just speak to the slimeball at the agency? - Yes we need to know this for sure.

As for your current home, you don't have to move out. You've given notice, but that doesn't commit you. You can now withdraw that, thus further complicating an already embarrassing and awful situation.

Not the OP cannot withdraw her notice, he or she can only ask the LL to agree to a withdrawal.

Guest101

Aww I'd better be careful as my post has been removed. So I wont name anyone.


Just to say that tenants have plenty of rights (once they become actual tenants) and the OP and others should consider carefully the advice they take from people who have little experience in the field.

HappyMJ

ashley1621 wrote: »

I put a holdign deposit down with a letting agent who then told me the house had become unavailable 2 weeks before moving in (and after I've already given notice for my current residence.....), they said they'll give me the holding deposit back, but am I entitled to any other compensation? Includign the fee from the bank for sending the letting agent a reference which they didn't cover? Any help would be much appreciated!

You can get your holding deposit back. I would also speak to the manager of the letting agent and ask for a goodwill payment to cover the inconvenience. I'd be telling the manager you've handed in your notice on the expectation that this property would be yours and you will now either be homeless or liable for double rent and you would appreciate being notified of any suitable vacancies as soon as they are listed.

You've got two weeks to find yourself a property. It can be done so get out there and find something.

mrginge

Guest101 wrote: »

Aww I'd better be careful as my post has been removed. So I wont name anyone.

Is this the post where you told another poster to 'go away and don't come back'?

Guest101

mrginge wrote: »

Is this the post where you told another poster to 'go away and don't come back'?

Indeed. I'd better phrase things more carefully...