Letting: Holding Deposit non-refundable?

guppy

morse wrote: »

Thanks for the replies, it's all very interesting.

Just to confirm, no paperwork/T&C's were shown or mentioned and she was told that the deposit was refundable. I agreed to pay this deposit (over the phone) on this basis.

Based on this, I think the agency have a case to answer. The CC company are jointly liable, but this doesn't mean they will just roll over. You need to attack the weakest link so to speak.

I'd consider going to the agency and asking to speak to the owner/manager. If they are reputable, it may be that the person you were dealing with simply made a mistake in not informing you about the deposit. In that case you might get somewhere by explaining.

If they're dodgy, this probably won't work. You could try writing to the CC company again, explain the situation fully and ask them to provide proof that all is above board.

As a last result, try the small claims procedure. I would imagine the onus is on the agency to prove they are entitled to the deposit. A verbal contract is of course very difficult to prove. Hopefully they will settle before hand.

Good luck

Skint_Catt

We paid £100 each (£200 total) a few weeks ago to secure a house we'd viewed, but we were informed that if the credit checks failed then we wouldn't get it back - sounds fairly normal for me - I even checked with our letting agents at work (I work for a branch of an Estate Agents)

coal9011

Yes, but it only costs a few £'s (and takes a few minutes) to do an online credit check. But to charge £200 or £300 is taking the pi#s!

Skint_Catt

Yes I agree - but if you want a certain house you have to pay it!

Fozzee

We have just paid £345 fees plus £500 holding deposit. No agreement was signed or viewed when we parted with our money. My partner failed the credit check so we were refused the tenancy. Now the agents won't pay back anything!!. They sent an email after we handed over the money with their T&C's which we never agree to. We are entitled to the deposit back as we were told in the shop we would get it back as long as we didn't pull out.
Here's what the T&Cs stated (bearing in mind we never saw or signed them when parting with our money.)

Fees

"An application fee of £150.00 plus VAT for each occupant, together with a Holding Deposit of £500.00 is now due
and should be enclosed with this application; this is a non-refundable fee to cover our administration costs. If the
Landlord refuses to proceed, despite satisfactory reference, the fee would be refunded. If the letting does not go
ahead due to default by the prospective tenant or the credit check or references are unsatisfactory or it becomes
apparent that facts given to us in this application prove to be untruthful, we regret that the application fee will not be

returned to you."

That clearly says the application fee not the holding deposit will not be returned..

Fozzee

Fozzee wrote: »

We have just paid £345 fees plus £500 holding deposit. No agreement was signed or viewed when we parted with our money. My partner failed the credit check so we were refused the tenancy. Now the agents won't pay back anything!!. They sent an email after we handed over the money with their T&C's which we never agree to. We are entitled to the deposit back as we were told in the shop we would get it back as long as we didn't pull out.
Here's what the T&Cs stated (bearing in mind we never saw or signed them when parting with our money.)

Fees

"An application fee of

£150.00 plus VAT for each occupant, together with a Holding Deposit of £500.00 is now due

and should be enclosed with this application; this is a non-refundable fee to cover our administration costs. If the
Landlord refuses to proceed, despite satisfactory reference, the fee would be refunded. If the letting does not go
ahead due to default by the prospective tenant or the credit check or references are unsatisfactory or it becomes
apparent that facts given to us in this application prove to be untruthful, we regret that the application fee will not be

returned to you."

That clearly says the application fee not the holding deposit will not be returned..

Any advice on how we get our money back?