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

Guest101

bihut wrote: »

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"?

Then you'd be wrong you have exactly the same rights by law as you do with a written tenancy.


So for the last time, YES you can rent somewhere without a contract written down.

fairy_lights

bihut wrote: »

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".

Well then it sounds like he had a pretty good reason for not being able to attend your check in, and the texts sent to the other tenants back his story up.
I'm really not sure what you're hoping to achieve? Questioning the landlady about her name and demanding solicitor details is being deliberately antagonistic and won't help the situation.

Guest101

bihut wrote: »

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". - so his son is in hospital... it seems that despite being under obvious distress he was still trying to assist you and the other tenants.

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. - Not relevant.
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. - Not relevant.

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".. - Not relevant at this stage, you can get these details later. Frankly if she's using a false name it makes it much harder to evict you! But anyone can use any name they like.

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. - Nor does she have to, you are not her tenant as you didn't move in!

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.. - Not relevant. It's up to you to find this information out

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...

So what did you choose??!!

pmlindyloo

I think it is worth one more try with the landlady.

You have proof that she was not at the agency and not at the flat.

She has offered you half the holding deposit. She seems to know that she has not done things correctly.

'Speak' to her and say that you will not take her to court for compensation (hotel costs and return of holding deposit) if she returns your holding deposit in full.

bihut

Guest101 wrote: »

So what did you choose??!!

so his son is in hospital... it seems that despite being under obvious distress he was still trying to assist you and the other tenants.

--> Probably, but this is not my fault. He just could say something "I'm so sorry, but I'm busy today, I will call you tomorrow morning" --> Perfect, no problem. But no, he didn't.

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. - Not relevant.
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. - Not relevant.

Not relevant? This shows that she lied!.

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".. - Not relevant at this stage, you can get these details later. Frankly if she's using a false name it makes it much harder to evict you! But anyone can use any name they like.

Is legal to sign with other name?. Even worst, is legal sign an "official" document as a landlady with a fake name?. Maybe is legal, I don't know, anyway..For you is normal this kind of behaviour? Don't you think they are hidding something or there is something strange about this deal/rent?

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. - Nor does she have to, you are not her tenant as you didn't move in!

I signed and payed to move 12November, not 13!!. Maybe for you it doesn't matter, but I just arrived 2 weeks ago I every night that I don't have a room I'm wasting money!

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.. - Not relevant. It's up to you to find this information out

Yes, I'm with you in this point.

Pixie5740

Jesus wept, just take half the holding deposit back and move on with your life or don't but there's no point arguing the toss with a bunch of strangers on the Internet.

bihut

Pixie5740 wrote: »

Jesus wept, just take half the holding deposit back and move on with your life or don't but there's no point arguing the toss with a bunch of strangers on the Internet.

Is not just about me, is a guy who supposedly has been scammed many peoples during this two-three years. Actually I just talked to a girl who had the same problem last year. She had to threath him with the police to get her holding fee back..

Also, there are many other people on facebook with many problems with this agent (I saw this yesterday, when I did search deeply)

Guest101

bihut wrote: »

Is not just about me, is a guy who supposedly has been scammed many peoples during this two-three years. Actually I just talked to a girl who had the same problem last year. She had to threath him with the police to get her holding fee back..

Also, there are many other people on facebook with many problems with this agent (I saw this yesterday, when I did search deeply)

Oh for goodness sake don't be ridiculous, the police don't get involved in civil disputes.


There's problems with the agent, so now you know. Move on.

fairy_lights

bihut wrote: »

Is not just about me, is a guy who supposedly has been scammed many peoples during this two-three years.

How is it a scam though? the room you applied to rent was available for you to move in to.

bihut

fairy_lights wrote: »

How is it a scam though? the room you applied to rent was available for you to move in to.

I should move 12 November..not 13, not 14, not 11.