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Can landlord keep my deposit before I've signed a tenancy/moved in

2

Comments

  • silvercar
    silvercar Posts: 51,213 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    MyOnlyPost wrote: »
    The landlord should register the deposit with a deposit scheme within 30 days of receipt. Failure to do this is an offence. When you have a dispute over deposit as a tenant it's pretty cut and dried, but as you were never a tenant it could be harder to enforce

    As you were never a tenant, all the laws relating to tenancies probably don't apply. In which case you are back to contractual law only ie what did you agree to in the contract. A contract can be verbally agreed and the fact you parted with some cash would add weight to the belief that a contract is in force.
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  • anselld
    anselld Posts: 8,766 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    MyOnlyPost wrote: »
    The landlord should register the deposit with a deposit scheme within 30 days of receipt. Failure to do this is an offence. When you have a dispute over deposit as a tenant it's pretty cut and dried, but as you were never a tenant it could be harder to enforce

    https://www.gov.uk/tenancy-deposit-protection/if-your-landlord-doesnt-protect-your-deposit

    (a) Not if it is a holding deposit.
    (b) The OP only viewed 2 weeks ago so 30 days haven't elapsed anyway.

    So protection is not going to help either way in this case.
  • MyOnlyPost
    MyOnlyPost Posts: 1,562 Forumite
    anselld wrote: »
    (a) Not if it is a holding deposit.
    (b) The OP only viewed 2 weeks ago so 30 days haven't elapsed anyway.

    So protection is not going to help either way in this case.

    I wasn't referring to the hodling deposit
    30 days have not elapsed yet when 30 days have elapsed and it isn't sorted...... you get my point?
    It may sometimes seem like I can't spell, I can, I just can't type
  • mimiduck
    mimiduck Posts: 194 Forumite
    Please check terms and conditions of the agent. This should also be on their website. If it does not mention of the deposit of actually being non refundable then you should get this back.

    Out of curiosity is this a big company or a one branch agency?
  • Sorry for the delay...I've just got the receipt out and it is written exactly as follows.

    Admin fees £200 (paid)
    Referencing fees £200 (paid)
    1st months rent £750
    Deposit £950 (£475 paid)

    Total £2100

    Balance outstanding £1225

    When I paid I had been told £200 was for the holding deposit and wasn't told that it wold be used for administration fees.
    I believe it's a small business town rentals
  • Unfortunately I can't find the terms and conditions on their website
  • trevormax
    trevormax Posts: 947 Forumite
    Part of the Furniture 500 Posts Name Dropper
    I would imagine that terms and conditions on their website mean diddly-squat since you are not signing something on their website.

    Did you sign a contract? If so, what are the conditions on the contract?
  • I signed something but I though it was to do with referencing I should have paid more attention though! I wasn't given a copy though :/ am I allowed to say to theme that I'm unhappy with there decision and wish for them to register my deposit so that I can dispute it properly?
  • Money_maker
    Money_maker Posts: 5,471 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    To be honest, I would be down there now kicking up a stink about it. The piece of paper you have makes it clear it is a different payment to the holding deposit. Follow up with legal action & don't lose that receipt!
    Please do not quote spam as this enables it to 'live on' once the spam post is removed. ;)

    If you quote me, don't forget the capital 'M'

    Declutterers of the world - unite! :rotfl::rotfl:
  • GDB2222
    GDB2222 Posts: 27,189 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    You could picket their office.
    No reliance should be placed on the above! Absolutely none, do you hear?
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