Agent refusing to return holding deposit.

JaherulAlom

pinkshoes wrote: »

Did they tell you specifically what this criteria was before you paid the holding deposit? E.g. The amount you needed to earn to be able to rent the property?The letting agent did say to me what the salary criteria is once i met with him at the property to pay a holding deposit, it was at that point he had made the statement that should we fail to meet it then he would return the deposit. Had i have known it prior to this i may have double checked before proceeding.

If not, then they need to return money in full, as you cannot put conditions on deposits without saying specifically what they are!

If they refuse to return, just send a letter before action.Im not entirely sure what a letter before action is, where can i get more information?

i also do not understand why i need to agree the statement 1 of the two conditions, as sourcing another tenant really does not have anything to do with the return of my deposit nor qualifying for the salary requirements?

JaherulAlom

G_M wrote: »

* send a Letter Before Action giving them 7 days to return the deposit. You cite the fact that the deposit was refundable in the event of your failing the salary requirements. Agent may back doen and refund deposit. If not, you sue, and convince the court of the oral statement you received.
Do i inform the agent about sending a letter before action prior to actually sending one?

Thank you.

always_sunny

when you paid the deposit, did you have to sign anything? And did you read before signing?
What does it say?

agrinnall

Google "letter before action" for examples. Add "shelter" to your search and you'll get ones more specific to housing issues.

G_M

Do i inform the agent about sending a letter before action prior to actually sending one?

You don't have to, but if you want to try further friendly negotiation before becoming formal, then yes, tell the agent that you decline his offer and if he won't change his mind you'll be sending a LBA.

If you think this discussion will get nowhere, just send the LBA.

i also do not understand why i need to agree the statement 1 of the two conditions,

the thinking behind this is that by accepting your deposit, the landlord has stopped marketing the property and lost out on other prospective tenants. The longer it now takes to find a new tenant, the more money he loses in lost rent. This is after all the purpose of holding deposits.

The issue here is who withdrew from the agreement (you or the LL), and what the exact terms of the holding depoit were.

JaherulAlom

Thanks all for the responses. I will post an update once i hear back from the letting agents.

Marktheshark

I have never seen any agent stop marketing a property until the contract is signed.

Serve a LBA by registered post followed by a County Court Claim.
Also contact the Local council, most are starting to prosecute these rouge agents any chance they can get.

JaherulAlom

I have emailed the letting agents, asking for a return of my deposit by next week as its gone on for some time now. (trying to be nice)

Having failed that i will serve a LBA through post.
Is it worth me reporting to trading standards? to make them aware of how this company does business.

Marktheshark

Local councils are getting big on this rouge agent fraud and bogus fee scams, try them first.

G_M

are rouge agents something to do with the Chinese Security Services ( 国家安全部)?