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Put down holding deposit but house became 'unavailable'
Comments
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Hi Ashley,
Your position very much depends on what was communicated and agreed and, crucially, on what evidence you have.
Best scenario for you is that you might have a contract for the tenancy.0 -
This is Guest 101's personal comment he/she left in in my inbox:Did you not like my post?
I'd suggest you do some research before posting in the future, your advice isn't good.
If you want to argue about specific posts please do so in the thread in which they originate. I have no idea what you are talking about but if you have an issue with something I said publicly please raise it publicly.
I have no interest in having a personal message war with you so please don't bother trying to start one.0 -
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. - It's possible, however the common understanding is that a holding deposit is just that. The property is held for the tenant whilst the checks are made and contract terms negotiated etc. A holding deposit would not form a guarantee of a tenancy. If the court accepted a contract had been reached (which would be a stretch) the OP would only be able to sue for the 'loss' which may include the application fee (would be reasonable to try claim this back in my opinion), but very little else.
Realistically though, no. As a tenant in the UK you have comparatively - Can you clarify what you are comparing this to? In the UK by and large tenants have extensive rights (varied from NI, Scotland and England & Wales) so I disagree quite strongly with this assertion few rights after signing an AST and virtually none beforehand. - Before taking legal possession of a property they are ofcourse not a tenant and their right would be very limited, which is absolutely correct.
In my experience you will be asked to sign your copy of the AST as soon as possible - I would suggest this is rare, however should it happen the perspective tenant simply takes a copy of the presented document away with them. As long as the tenant has suggested not changes, the contract would be a strong indication of the agreed terms. For all intents and purposes it is valid. The contract is presented by the party which drew it up, and they would struggle to argue that they did not agree with the contract should it go to court. but won't see a countersigned version - The contract does not really require a counter signature, often the agent will sign on behalf of the tenant. As the presenting party is it assumed that they already agree to the terms in the contract. until well after you move in, unless of course you want to renegotiate something - Well the time to renegotiated would be prior to signature. As above the contract is already accepted by the LL as a de facto position. in which case you will be told the landlord signed it before your own ink was dry. - I would suggest this is irrelevant.
Moving day for renters usually starts with a trip to the letting agents to get the keys with fingers crossed.
I would suggest that whilst the perspective tenant would not have all the protections of tenancy law at this stage, if they have a contract prior to the day their position is strong and therefore they would have nothing to worry about.0 -
This is Guest 101's personal comment he/she left in in my inbox:
If you want to argue about specific posts please do so in the thread in which they originate. I have no idea what you are talking about but if you have an issue with something I said publicly please raise it publicly.
I have no interest in having a personal message war with you so please don't bother trying to start one.
As requested I have replied to your original message.0
This discussion has been closed.
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