Holding Deposit subject to references: I have failed credit check. Is not refoundble?

Massimiliano

Hi guys,
in February I have payed an holding deposit for a room of sum of £ 500.
The landlord gave me a receipt in which it is written "The deposit is subject to references and subject to compromises and holding deposit"

I didn't know about credit check by Experian, cause I am been living in UK for a few time. When I payed he just told me "We will talk later about what accountants need, I think just ID and bank detais"

Instead, I pass trought a credit check and I failed, obviously cause I am just an erasmus student here for a traineeship, and he knew this thing.

When he told me I have failed he asked for my bank account to refound me, but after one week he sayed that he will not refound cause I have failed credit check.

He !!!!ed me from the first time, but I want to know "Is it legal?"

He is allowed to take with him the deposit? Wasn't him obliged to ask me if I have a guarantoor or I would pay all the rent in advance? I didn't ask him for this solution cause at first he told me he would have refound. After one week he told me differently.

I am ready to go to the small court but I have fear that this !!!!in !!!!!!! has done all the things in a legal way, exploiting my ignorance about renting and law in England.

Let me know, please

Massimiliano

Now I have just understood that he asked me to wait another week so I coudn't find a guarantor or paying all the rent in advance, because my rights on that property lose after one mounth from the date of the payment,

Telling me that he would have refound the deposit he stopped me from finding alternative solution and so I have no right on that deposit

zagubov

As you are a student, you need to contact your university accommodation office, and explain your situation as concisely and precisely as possible and find out what assistance they can offer.
Others should be posting soon with more advice.

Massimiliano

Unfortunately we don't have a university accomodation office in Italy.
But not consider Italy, I went also to ambassadory and council in UK, but they told me I have to manage this situation with british autorities

zagubov

Massimiliano wrote: »

Unfortunately we don't have a university accomodation office in Italy.
But not consider Italy, I went also to ambassadory and council in UK, but they told me I have to manage this situation with british autorities

I meant the host university you are attending in the UK. They have to sort out students accommodation problems all the time.

Arleen

If the landlord refused you then the deposit should be refunded, and failing credit check means exactly that. If he explained from the very beginning, before taking any money from you, that you would need a guarantor, and you would promise to find one but couldn't then he is likely in the right to keep the deposit.

Your best starting point will be as zagubov suggested, to raise it with your university here in the UK as they will be able to advise you directly.

always_sunny

If you failed credit referencing, the holding deposit should be refunded unless you signed otherwise.
Credit referencing fees are not refundable most of the time even if you pay.

What did you pay and what did you sign?

Massimiliano

I signed this receipt "The deposit is subject to referencees and subject to compromisees and holding deposit"

The landlord lyed me from the first time, cause he told me he didn't know the accountants which kind of documents needed, but just that ID was valid, no criminal record etc.

He never told me about credit check.

He knew I was new in London, so obviously I would have failed credit check, and like me other people, in fact Spareroom has closed that ad for many deposit issues

DoaM

Do you understand what others are saying you should do?

"raise it with your university here in the UK"

NOT your Italian university ... the UK university you are attending whilst here in the UK.

Massimiliano

I am not host in a english university, cause:

1) I was here for erasmus+ TRAINEESHIP, so I work as intern, payed with an european scolarship, but working in a company, not student in a english university

2) My Erasmus traineeship is concluded and I am remaining in London cause I began to work as freelance, so now University, Erasmus and other public things are not involved in this situation.

sheramber

Try Shelter for help/advice

http://england.shelter.org.uk/get_advice/how_we_can_help/housing_advice_helpline