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

bihut

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)

Supposedly, it is yes. I didn't she her passport or national identity card, but we assume that should be the landlady, or atleast, she signed as landlady in the holding fee document.

[Deleted User]

She may not have been the landlady, just someone who signed the documents pretending she was. The name of both people may not be their true name.

Ask around the offices, google the names and company. See if the company has a presence.

FBaby

So when you went to the agency and asked for him, did they know who he was? When they said he wasn't there, did you explain the situation and asked them to contact him/sort it out? Did they check on their system that it said you were moving on that day?

bihut

So when you went to the agency and asked for him, did they know who he was? When they said he wasn't there, did you explain the situation and asked them to contact him/sort it out? Did they check on their system that it said you were moving on that day?

Yes they (agency) know who is him, but they told me "sorry, he is not in his office, and actually, I didn't see him in all day". I explained them that today is my tenancy start date for a room, etc etc and the told me "he is not here, he should be in the flat". I also asked for his number but the guy that open the door told me that he doesn't have it.

So then I went to flat, expecting that he was there but he didn't... In there flat was the girl that leave the room yesterday, who called the agent via phone 35 times withouth any answer. We are waiting to the agent but finally he didn't appear. The girl left and I preffer not to take the key from the girl, because looks like very very unprofessional and strange..

G_M

The people who signed of the contract isn't the agent, was a girl (landlady I think)

In there flat was the girl that leave the room yesterday,

* same girl or different girl?
* have you been back to the office? Have you insisted on the agent's phone number - I do not believe a genuine agency office would not have a genuine agent's phone number
* have you shown the office staff your contract, showing today's date, and demanded the keys?
* what address is on the contract (for serving notices)? Is it a private address for the landlady or the agent's office address?
* what exactly does your receipt say for the holding deposit?
* what exactly does the contract say?

The girl left and I preffer not to take the key from the girl, because looks like very very unprofessional and strange..

that has put you at a disadvantage. With a signed contract, and a key, you could move in and become a tenant.

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?

If you have een scammed, and if you can identify and find the person who scammed you, yes you can get your money back via the courts.

marksoton

Blimey. This threads hard work...

FBaby

So maybe he was very ill, but had told the girl to give you the keys and though that was it. Go back there on Monday and don't leave the office until you can the keys and moving in inventory. If you still don't get anywhere, then consider your next move.

bihut

So maybe he was very ill, but had told the girl to give you the keys and though that was it. Go back there on Monday and don't leave the office until you can the keys and moving in inventory. If you still don't get anywhere, then consider your next move.

I dont want that room anymore. Saturday night I was, literally, a homeless by their fault. I dont trust in that agency anymore. I wan't to give my money back because of breaching contract. The contract shows my start date was 12/11/2016. I was in the agency and in the flat and no one of the agency or the landlady was there to give me key, complete the final contract, etc.

Actual, this weekend talked to them and they said that the can return half of the holding fee (¿¿?¿?¿). There is no any term that said that. The just want to stole all my holding fee, and now just to shup the !!!! me up just the half.

* same girl or different girl?
* have you been back to the office? Have you insisted on the agent's phone number - I do not believe a genuine agency office would not have a genuine agent's phone number
* have you shown the office staff your contract, showing today's date, and demanded the keys?
* what address is on the contract (for serving notices)? Is it a private address for the landlady or the agent's office address?
* what exactly does your receipt say for the holding deposit?
* what exactly does the contract say?

- Other girl, the current tenant. I didn't see the landlady in all day and no one call me (landlady, agent or agency).
- The property address of the the room which I supposed to rent it (no agency address or landlady address). Actually, the landlady signed as "Emy" in the contract, but yesterday in the morning talking to her she said her name is "Jessica Sun" (¿?¿?¿).
- The receipt doesn't say anithing, just the amount, date and the signed of the landlady.
- The contract just show my tenancy start date was 12/11/2012 and I have to pay the rest of the contract (1300), my name, number and wet sign, and the name and wet sign of the landlady

The main issue that I have know, if to start legal actions, I need to know the name of the girl but she doesn't want to give me that. So I will start with the agent although he said "I am just here to put in contact landlords and tenant, nothing else, it is not my business".

Any clue or advice?. I'm going to send a letter before action to the agent to inform him in a proper way and after that a small claim in court..

Best in advance.

fairy_lights

bihut wrote: »

I dont want that room anymore. Saturday night I was, literally, a homeless by their fault.

But you weren't homeless, the former tenant (If I'm reading that correctly) let you in and offered you the keys, you could have accepted them.

bihut

But you weren't homeless, the former tenant (If I'm reading that correctly) let you in and offered you the keys, you could have accepted them

Do you think this is the proper way to act?. I didn't have the appointment with the tenants, supposodly I had with the agent (because he didn't confirm it, he just said 11 November, "I'll confirm you tomorrow" and nobody knows about him until day after, 13 November). It was just lucky that the tenant was there, because she was moving and she was waiting for an Uber.. What happened If I arrive later (30 minuts for example)?. Or even earlier and nobody is in home?.

I have a deal with an agent, I deal with the agent, not with other tenants. So I expected the agent support me, give me the key and act in a professional way. He earned 190pounds by agency fee, so he had work to do. Before to sign the contract I want to review the flat, with the agent or landlady or the people in charge, to check everything is fine, the furniture, etc etc. It is no the business of the tenants..

Any advice about next step?