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Paid upfront - unsigned contract

We sold our house very quickly and were told that we would have to exchange contracts before we could be considered for a rental property. Our sale went extremely quickly we had to move extremely quickly.
My husband viewed a rental property while I was out of the country and noted things that needed to be completed such as:
Broken window handle, slanted radiator, floor tiles, broken cat flaps, house needed cleaning etc.
We exchanged and we paid all the fees up front £2800.00! We then received the contract which we said we would sign at the inventory check.
At the inventory check, the house was completely unclean inside and out, with the exception of the bathrooms and oven. It was covered in spiders webs and their inhabitants throughout.
The fridge was riddled with mould, cupboards broken, items at first viewing still not fixed and there was no key for the front door and we had to access through the rear of the property. The person who was doing the inventory did not work for the agency and was independent but said it was not appropriate.
We have 2 weeks to completion but I do not feel that this agency are going to do anything, so I have not collected the keys or signed the contract.
Can we back out as I have very little faith in the agency and it states in the contract all these things would be done, but havent been?
Can we request our money back?
I would love to hear from anyone that can help.

Comments

  • anselld
    anselld Posts: 8,738 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 16 September 2016 at 9:58PM
    What is the breakdown of the £2800? It cannot all be fees surely!
    How were the acceptance conditions your Husband "noted" documented/ agreed with the agents? Writing or verbal?
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    If you have written evidence that the landlord/agent agreed to remedy the issues listed, you should demand your money back in full, since you paid it on that understanding.

    Without this, and if the LL/agent denies giving such an undertaking, then any claim for a refund will depend exactly what the £2,800 is for.

    I suspect some of this is the 'security deposit' to cover damage/renat arrears during your tenancy - that should be returned in full if you do not take up the tenancy.

    Some of it may be for credit vetting/references admin, and/or a 'holding deposit' to reserve the property. If you withdraw this is likely to be forfeit.
  • I don't really understand why your husband paid £2,800 on such a delapidated house. Even desperate, if the LA/LL could let it get into such a condition, it wouldn't bode well for future dealings.

    I know that's no help. But I just can't believe anyone would hand over such a large sum of money for a flea pit of a house.
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