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

Guest101

bihut wrote: »

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..

1: If the LL or Agent has delegated their job to the tenant that is their business. They were required to give you a key and they did.
2: You don't get to check before hand, but you do get to make comment on any checkin / inventory and that is used to decide any deposit deductions
3: you didn't need to sign anything, you can have a tenancy without paperwork
4: Yes I am saying if you have agreed to rent the room, paid a holding deposit and agreed a move in day. That's what you should do.
5: Whatever the law is in your country is completely irrelevant.

fairy_lights

Well, regardless of what you would have liked or expected to happen, you're not going to get your full holding deposit back now. Either take the room or accept half of your deposit back and move on. Those are the options.

[Deleted User]

We'll never know if this was just a useless LA or a scam LA. But unfortunately the OP has shot themselves in the foot with how they've reacted.

Maybe take someone with them who's more used to these things and perhaps has a better understanding of the UK.., what to expect etc.

Or phone Shelter or go to the CAB to see what their rights are.

csgohan4

OP needs to be hand held on everything. OP you do need to take responsibility for your own actions, you agreed and now your going back on your agreement despite the agent trying to negotiate with you.


When renting, there is always a risk the LL will ignore maintenance requests and seems common too, regardless if they shook your hand and gave you a bear hug when you moved in.

bihut

OP needs to be hand held on everything. OP you do need to take responsibility for your own actions, you agreed and now your going back on your agreement despite the agent trying to negotiate with you.


When renting, there is always a risk the LL will ignore maintenance requests and seems common too, regardless if they shook your hand and gave you a bear hug when you moved in.

So..

1) The term say that my tenancy start date was 12/11/2016
2) Agent told me the friday "we have the appointment between 5-6", i replied him "in the agency or in the flat", he text me back, "i'll confirm you tomorrow in the morning"
3) Saturday morning I asked him again and he didn't text back
4) Saturday afternoon, at 5:30 (exactly between 5 and 6), we went to the agency and agent wasn't there. Actually, the guy who opened the door said he didn't see the agent or someone else in all day..
5) I called two times the agent (in front of the agency office), between 17:30 - 17:40, he didn't pick the phone
6) We went to the flat, and the current tenants were expecting the agent to leave the room. The agent should gave them the key of their new flat, and give me the keys and sign the contract. They call him 35 times accross the day and he didn't answer
7) I called the agent while I was in the flat. He didn't pick the phone
8) I whatsapp's agent. He didn't text me back
9) Nobody call us. The agent and landlady have our numbers and nobody didn't call us to inform about anything.
10) I asked the tenants and they told me nobody was in the flat in all the day. The girl was in the first floor all day, empacking their stuffs and cleaning, and no one knocked the door
11) Although my start date was 12/11/2016, It was impossible to move in, sign the contract, etc.

I know that most of you have said "you were in the flat..take the keys" but:
1) I'm not going to live in a place before to sign the contract
2) I want to check the room and flat before to sign the contract with the agent or landlord, to check what is broken or what is not, to recover my full deposit after.

Note: In addition, the fact that someone (landlady supposedly) sign as Emy, but when I called her, she said her name was "Jessica"..with obviously is totally strange. As far as I Know, the fullname and even the address/phone of the landlord should be in the contract (or reservation room in this case).

So...is this really my fault?. Maybe in this country this is the way to work. I'm saying this withouth any ironic or sarcastic meaning..I'm serious now..This is normal?.This is the way about how the agency or agents or landlords works?.

Question: Is legal to start to live in a place withouth sign the contract?

Guest101

Yes it is legal to rent without a physical written agreement

fairy_lights

Did you contact the agent yesterday to find out what happened?

bihut

Yes it is legal to rent without a physical written agreement

I know it is possible to live in a place with a verbal agreement (loosing any rights I assume), remake the question:

Through an agency, with a "reservation" signed and a "final contract" to be signed..it is legal to start to live in the place without sign the "final contract"?

bihut

Yes it is legal to rent without a physical written agreement

I talked to him day after, Sunday, at 1-2pm.

He told me he was in the hospital, with his son..he didn't have the phone to answer me. However, the other tenants receive some classical SMSs from him with messages something like "i cant talk", "I'm bussy just right now, the other flat is open, you can come in".

Also, he told me the landlady was expecting all day my call, but of course I don't have her number. I talked with the landlady and she said:
1) "I was in the agency from 9 to 5 waiting for you" --> According to the agent, our "supposed" meeting should be between 5 and 6. Actually, the guy of the agency told my that no one was in the office in all day.
2) "I was in the flat and you wasn't there" --> I asked to the tenants and they told me that no ona was in the flat.

After this, I asked to the landlady to give me their full name and their address. She said "my name is what papers that we signed says"..I said again, "What's your name?"..she said.."my name is what paper says".. The agent told me her name is Jessica although sign as Emy, I asked her "Are you Jessica?Jessica what else?"..she was thinking a couple of seconds a said "Jessica Sun"..

After that, through whatsapp conversations I asked for her full name and full address, in order to prepare the letter before action (just in case). Of course she didn't want to give me anything.

She told "you just talk with my lawyer"..I said "ok, no problem, give me the full name and address of your lawyer"..Of course, she didn't give me that information..

After that she offer me the 3 options that I already mentioned before..
1) Recover half of the deposit
2) Take the same room
3) Take other room. I assume this landlady has many flats...

AnotherJoe

bihut wrote: »

After that she offer me the 3 options that I already mentioned before..
1) Recover half of the deposit
2) Take the same room
3) Take other room. I assume this landlady has many flats...

I suggest you take one of those options. In your case (1)

There is an expression that may not translate into Spanish; "cutting off your nose to spite your face". When you refused to take the key you turned a problem into a crisis and you are making it worse with what seems like conjuring up every reason under the sun not to just stay where you agreed.

Your letter before action will be pointless, you were actually offered the key yet astoundingly refused to take it why would any court side with you?