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

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Comments

  • Guest101
    Guest101 Posts: 15,764 Forumite
    bihut wrote: »
    I did to move 12 November..not 13, not 14, not 11...



    Ok let me explain this to you one final time.


    You had a contract to rent the room on the 12th November, you didn't take it, despite keys being offer. You breached the contract, the LL can now sue you for breach of contract. How's that sound?


    Perhaps a 50% refund sounds better now?
  • bihut
    bihut Posts: 22 Forumite
    Guest101 wrote: »
    Ok let me explain this to you one final time.


    You had a contract to rent the room on the 12th November, you didn't take it, despite keys being offer. You breached the contract, the LL can now sue you for breach of contract. How's that sound?


    Perhaps a 50% refund sounds better now?

    I did want to take it!. I was looking for the agent all day!. He didn't take my calls and nobody call or text me to tell me what I have to do..

    And know you are going to say "you could take it from the current tenants". They didn't know anything about to give me keys and no one tell them to wait for me to give me keys. When I arrived she was waiting the uber..what happened if arrived 15 minutes later?.

    And, actually, as I said, I has no the contract with the tenants, I has with an agency/agent. And, no one told them and told me that I had to receive the keys from the tenants.

    Actually, accordingy to the LL she was waiting for me and my call all day..that's a lie!
  • bihut
    bihut Posts: 22 Forumite
    Anyway, I'm going to ask for help to know that i should do (if i'm right or not) in the Shelter services, and maybe a free-charge lawyer.

    Thanks for all to everyone!
  • AnotherJoe
    AnotherJoe Posts: 19,622 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    bihut wrote: »
    I did want to take it!. I was looking for the agent all day!. He didn't take my calls and nobody call or text me to tell me what I have to do..

    And know you are going to say "you could take it from the current tenants". They didn't know anything about to give me keys and no one tell them to wait for me to give me keys. When I arrived she was waiting the uber..what happened if arrived 15 minutes later?.

    And, actually, as I said, I has no the contract with the tenants, I has with an agency/agent. And, no one told them and told me that I had to receive the keys from the tenants.

    Actually, accordingy to the LL she was waiting for me and my call all day..that's a lie!

    All irrelevant except for the bit that;
    Someone offered you a key to your room which you chose not to take


    Everything else you dont like about the running round you did, the fact that someone might have got a taxi, whatever, its all blinding you to the fact that ;

    You were offered you a key to your room. It was literally inches away from your hand yet out of sheer bloody mindedness you didn't take it.
    You could have stayed there, you could have moved in.
    Of your own free will, you didn't.

    End of.
  • zebulon
    zebulon Posts: 677 Forumite
    :wall: :wall: :wall: :wall:

    bihut wrote: »
    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?

    Yes you can try. Good luck.
  • csgohan4
    csgohan4 Posts: 10,600 Forumite
    Ninth Anniversary 10,000 Posts Name Dropper Photogenic
    This thread is getting funny, OP you have been advised what to do, do what ever you want, life is too short to argue on these small matters.

    Simply talk half the deposit or move in, it is a holding deposit after all, you refused to move in, your lucky you got any back
    "It is prudent when shopping for something important, not to limit yourself to Pound land/Estate Agents"

    G_M/ Bowlhead99 RIP
  • rach_k
    rach_k Posts: 2,257 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    You are being quite silly. He was in hospital with his child. You are not allowed to use a mobile phone in most places in the hospital.

    You can get angry all you like but the sensible, normal thing to do would be to say, "I was disappointed that nobody contacted me and I had to use a hotel but I do understand why you couldn't get in touch so let's just move on. Who should I call if I can't get in touch with you in future?".

    Have you ever heard the phrase 'give and take'? If you are understanding of the occasional time somebody doesn't 100% meet your expectations, they will probably do the same for you. Imagine if you moved in and were due to pay rent but ended up in hospital and couldn't pay it that day - wouldn't you hope the agent would allow you an extra day or two to pay? That's give and take! If you want to stick rigidly to every little rule you can imagine that's fine, but you must expect the same in return. It's much nicer to live with compromises all round.
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