Can I claim my holding deposit fee if breach in contract?

bihut

Hello,

Today I had to move on to a new room, but the agent was not there and he didn't answer my calls.

I paid a holding fee of 400 pounds, and in that contract said that I had to start today (12th of November). Now I am in a hotel because I don't know anything from the agent. He ignored completely my calls and messages although I already know he read the messages.

I don't trust him anymore.

Can I start a small claim in court to recover my holding fee? Because I don't want to live there. I would say I have grounds because for his negligence I am not in that room, but in a hotel.

Can I claim the cost of having to stay in a hotel a few days?

Apart from the contract in English (that I would use in court), I have a lot of chats in facebook/whatsapp, but we used to write in Spanish. Can I also claim the cost of an official translator to translate this?. Because this is an important evidence I would like to use in court.

Thanks a lot for your suggestions.

csgohan4

Seems you got scammed


Gumtree?

Pete9501

The start point will be what ever the contract says.

Are you seeking costs for a hotel or the refund of the deposit?

bihut

No It wasn't Gumtree, was a private agent that belongs to a company and I'm not looking for extra-costs (hotel, etc), just the 400 pounds of the deposit.

- Do I have "legal" reasons to get back the deposit?

- The letter before action could be given in the flesh?

G_M

1) what exactly does your receipt say for the holding deposit?

2) what exactly does the contract say? Who signed it?

bihut

1) what exactly does your receipt say for the holding deposit?

2) what exactly does the contract say? Who signed it?

1) I pay NOW (5th November) 400 pounds for the deposit and the rest (1300 pounds) the tenancy start day (today 12th november)

2) The start date (today), minimum stay (10 months), amount of deposit, amount of rent, etc. Supposedly a "typical" contract. The people who signed of the contract isn't the agent, was a girl (landlady I think) who was the day we signed the deposit document.

PasturesNew

What happened?

You viewed it and said "Yes, I'll have it".
You signed a contract and handed over the holding fee.
Today you turned up at the door ... and ...?

Did you go to their office at any point?
Is it a company, or a scam?

We're a bit confused really as to what happened when you knocked on the door today.

bihut

What happened?

You viewed it and said "Yes, I'll have it".
You signed a contract and handed over the holding fee.
Today you turned up at the door ... and ...?

Did you go to their office at any point?
Is it a company, or a scam?

We're a bit confused really as to what happened when you knocked on the door today.

Yes, I was in a viewing. I did text the agent to say "I want it" (2nd November). A few days ago, 5th November, I was in his office signing the holding fee, 400pounds and with 12th November as start date.

Yesteday I did text a message to know the appointment for today to receive the keys, pay the rest of the contract, etc. and he told me "I will confirm you tomorrow morning, but around 5-6" (I don't know if the appointment will be in the flat or in his office). This morning he didn't say anything, so I did text this morning but I didn't get an answer.

This afternoon I was in his office, but he wasn't there so I was to the flat, where he was not either. I called him two times via facebook, send him a whatsapp message and call him (via sim) and so far, I know he saw my facebook calls and messages, but I don't get any answer back.

That is so strange..and the point is the feeling. I don't really trust him anymore. What happened if I rent the room and in 2 monts the oven breaks?.

[Deleted User]

I'm afraid you aren't understanding what we are saying. You may have been scammed, the room may not have been available to rent. I would ask in the office you went to if they are aware who this person is.

Ask at neighbouring properties (to the office) if they are aware of this person and what he does.

Not turning up on the day, saying will confirm later but not saying where all sounds a bit suspicious. There's no logic for doing any of that, unless the property was never available for this agent to let to someone.

G_M

bihut wrote: »

1) I pay NOW (5th November) 400 pounds for the deposit and the rest (1300 pounds) the tenancy start day (today 12th november)

2) The start date (today), minimum stay (10 months), amount of deposit, amount of rent, etc. Supposedly a "typical" contract. The people who signed of the contract isn't the agent, was a girl (landlady I think) who was the day we signed the deposit document.

I asked for the exact words. Please quote.

a girl (landlady I think)

is the name of the girl the same as the name of the landlord on the contract? (one reason why I asked for exact words)

bihut

I'm afraid you aren't understanding what we are saying. You may have been scammed, the room may not have been available to rent. I would ask in the office you went to if they are aware who this person is.

Yes, I know your point.

Considering that I have been scammed..With the information that I have (conversations, name of the agent of address of the office, chats, calls, etc)..Could I get back my money for the holding fee?