Rental Deposit

debz87_2

Hi,

Looking for some advice. My fiance and I found a house we liked and agreed to rent it. We have paid a deposit, but haven't yet signed any leasing agreement. The advertisement for the house said that we could get Sky or BT broadband and we also did an initial check on the area and it does have fibre optic broadband. However, now that we have looked in to it further we have found out that BT don't have the capacity to give any more people fibre optic broadband in the area (they can only guarantee between 1-3.5mb) and Sky can't provide internet at all. This is a big for us as my fiance needs to be able to work from home at any given moment.

Does anyone know if we are able to pull out? Are we able to get our deposit back on the house, or are we stuck? Any advice would be greatly appreciated.

FutureGirl

You can back out, but you will lose your deposit.

Is there any reason why you can't get broadband with someone that isn't Sky or BT? IE Virgin? Or BT internet that isn't fibre?

debz87_2

We have tried every other internet provider in the area and no one can offer anything faster than what BT can. We don't get Virgin in the area.

Balabalabala_and_Volare

If the advert clearly said that you could get broadband, then your first port of call will be a chat with the agent, pointing this out and stipulating it as the reason for pulling out of the let. Put everything in writing, including confirming any verbal discussions with a follow up email.

The deposit was, I presume, a tenancy deposit rather than a holding deposit?

debz87_2

Yes, it was a tenancy agreement. As yet, I don't think it has been paid into a tenancy deposit scheme.

Balabalabala_and_Volare

debz87 wrote: »

Yes, it was a tenancy agreement. As yet, I don't think it has been paid into a tenancy deposit scheme.

When is the tenancy due to start? (ie on what date do you become liable for the rent and collect the keys?)

debz87_2

We were supposed to move in today, but the rental agent was unable to meet up with us this week to sign the agreement. He was due to be sending it through to us, but hasn't done so yet.

G_M

If it was a tenancy security deposit, and no tenancy is created, then the deposit must be returned.

If it was a holding deposit, it depends on the terms of the deposit.

The basis on which you paid a holding deposit (ie the understanding of certain provisions contained within the tenancy) may affect your claim for it's return.

Please read, and quote here, all relevant documentation (eg receipt, advertising, tenancy contract etc)