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

FBaby

I think you are totally desilusioned as to why you think your rights are! It does sound like the agency messed up somehow, but to think that this entitles you to your deposit back is a massive step. You signed a contract to take on a tenancy. The fact that they were not there to welcome you doesn't mean you can default on the arrangement nor get your money back.

Your reason for deciding not to move in are weak and I doubt you'd get anywhere there. If the tenant were to say that she was prepared to give you the keys but you refused, then what is going to be your argument? That your appointment was this the agent? At best you can try to sue the agent, but you might have more of an issue with the landlord.

The real question is? Have you found out yet this morning what happened?

G_M

Annoyingly you have still not answered the questions asked, so I'll have to make some guesses:

You have no tenancy since you have not moved in. However you have a contract.
Since you do not want to take up this tenancy, you must deal with the contract.
The contract appears to be between you and 'emy' or whatever name she gave. However the agent represents her.

You can therefore sue them both jointly. Since you have no address for 'Emy' you use the agent's address.

Before doing this you should do 2 things:

1) negotiate. Go back to the agent and explain that they/the LL failed to set up the tenancy as per the contract and therefore you'd like your full costs re-imbursed. Try to be reasonable and friendly about this - it works better than getting angry!

2) if the agent refuses to cooperate with this, point out that you incurred hotel costs as a resukt of the breach of contract, ad you could also claim this if it went to court. Make clear that if they settle the matter now you will forget the hotel costs.

3) (sorry - not 2!) Two Letters Before Action. One adressed to the agent, and one addressed to the landlady c/o the agent.

If that still does not work, then you make a claim online here against both the agent and LL jointly, including the hotel costs.

bihut

I think you are totally desilusioned as to why you think your rights are! It does sound like the agency messed up somehow, but to think that this entitles you to your deposit back is a massive step. You signed a contract to take on a tenancy. The fact that they were not there to welcome you doesn't mean you can default on the arrangement nor get your money back.

Maybe is a missunderstood of the agency, but it is not my fault. If agent at least told me "I wont be there, but the current tenants will give you the keys, take it and tomorrow we will sign the contract" maybe could be reasonable, but no, nobody told me nothing. Actually, yesterday the landlady told me she was in the flat to wait in the office and in the flat wait for us. In the agency told us that nobody was in the room of the agent and in the flat the current tenants said that nobody was in the house, nobody knocked the door and they don't receive any order from anyone. Actually the supposed to move to another flat but the doesn't have the keys. The called the agent 35 times and didn't pick the phone at all. So, until yesterdey, they were in another room of other flat living withouth the key, expecting the agent...

Your reason for deciding not to move in are weak and I doubt you'd get anywhere there. If the tenant were to say that she was prepared to give you the keys but you refused, then what is going to be your argument? That your appointment was this the agent? At best you can try to sue the agent, but you might have more of an issue with the landlord.

The real question is? Have you found out yet this morning what happened?

The tenant doesnt recieve any order from anything, se was just waiting for the call of the agent to move to the other flat. She hadn't wait us, nobody told that.

I should have the appointment with the agent or the landlady I guess, but nobody tell us anything.

The supposedly landly offer me 3 options:
- Take the half or the holding fee
- Take the room, like if nothings happen
- Take other room with the same price

Of course I didn't accept any of these...

bihut

Annoyingly you have still not answered the questions asked, so I'll have to make some guesses:

You have no tenancy since you have not moved in. However you have a contract.
Since you do not want to take up this tenancy, you must deal with the contract.
The contract appears to be between you and 'emy' or whatever name she gave. However the agent represents her.

You can therefore sue them both jointly. Since you have no address for 'Emy' you use the agent's address.

Before doing this you should do 2 things:

1) negotiate. Go back to the agent and explain that they/the LL failed to set up the tenancy as per the contract and therefore you'd like your full costs re-imbursed. Try to be reasonable and friendly about this - it works better than getting angry!

2) if the agent refuses to cooperate with this, point out that you incurred hotel costs as a resukt of the breach of contract, ad you could also claim this if it went to court. Make clear that if they settle the matter now you will forget the hotel costs.

3) (sorry - not 2!) Two Letters Before Action. One adressed to the agent, and one addressed to the landlady c/o the agent.

If that still does not work, then you make a claim online here against both the agent and LL jointly, including the hotel costs.

Thanks you very much.

I tried to negotiate with the landlady, she offered me three options:
1) Return the half of my holding fee
2) Move to the same room like nothing happens
3) Move to other room with the same price using the same holding fee

About the agent, he didn't text me back...

However, I will wait a couple of days to the answers of the agent to know if it possible to have a deal politely and if not, i will act as you say!.

Thank you very very much!

fairy_lights

bihut wrote: »

The supposedly landly offer me 3 options:
- Take the half or the holding fee
- Take the room, like if nothings happen
- Take other room with the same price

Of course I didn't accept any of these...

Why won't you take the room? Where are you living now?

bihut

Why won't you take the room? Where are you living now?

Currently I'm with a friend of mine and looking for a new place.

I don't trust in this agency/agent and how they work. If a near future something in the flat will broke (oven, heating,something) I don't trust that they will handle it to solve asap. In my opinion they act in a non-professional and non-responsible way, so honestly I'm not going to rent any property with the same agent or agency.

societys_child

If I read this right, you've signed a contract, You could have taken over the room and possession of the keys on the date stated on the contract, but chose not to.

You've since been given 3 options but choose not to accept any of them.

Not sure why the agent not being there, to shake your hand or give you a hug, is a get-out clause?

bihut

If I read this right, you've signed a contract, You could have taken over the room and possession of the keys on the date stated on the contract, but chose not to.

You've since been given 3 options but choose not to accept any of them.

Not sure why the agent not being there, to shake your hand or give you a hug, is a get-out clause?

It wasn't the final contract, was the "holding deposit receipt". The contract, supposedly, should be signed the 12 of November, the same day of my tenance start date.

Guest101

It sounds like you have no right to the holding deposit as you didn't take up the room when offered.

bihut

It sounds like you have no right to the holding deposit as you didn't take up the room when offered.

Offered by whom? The current tenants?. I don't deal with the tenants, I deal with the agent, or at least, the landlord. I would like to check the room before to sign and the contract, and I would like to sign the contract before to move to the room.

Are you saying that I should accept the keys of the tenants, withouth any order of the agent/landlord and start to live in the room withouth sign the contract?.

Maybe in this country is normal to live in a place without contract, or even is legal, I don't know, but where I came from, is not legal. And, maybe is normal if you rent a room directly with a landlord and you have and agreement..but through an agency?. I think is not normal..