LL pulled out - return of deposit

mrginge

MissB2017 wrote: »

LL did not give any terms and conditions for the holding deposit, other than if I changed my mind she wouldn't be out of pocket.

The tenancy failed to commence as LL received a malicious email from my previous LL and have now changed her mind. I offered new LL the opportunity to ask for references and proof of my rent payments (I am on time every time) but new LL hasn't taken this further.

What did this malicious email say?

MataNui

aneary wrote: »

OP - You failed the checks I suspect the LL can keep the holding deposit. The reference isn't the new LL's issue.

Unlikely. That would mean anyone could start taking deposits form multiple potential tenants, tell them they failed the checks and keep the deposits.

General principle is if you pay a holding deposit then back out you lose that deposit. If the other side backs out then its 100% refundable.

[Deleted User]

https://www.which.co.uk/consumer-rights/advice/do-i-have-to-pay-a-holding-deposit

https://www.tpos.co.uk/news-media-and-press-releases/case-studies/item/a-tale-of-two-tenacies

Two different answers to should a holding deposit be returned. Take your pick I'm afraid.

aneary

MataNui wrote: »

Unlikely. That would mean anyone could start taking deposits form multiple potential tenants, tell them they failed the checks and keep the deposits.

General principle is if you pay a holding deposit then back out you lose that deposit. If the other side backs out then its 100% refundable.

In this case we know that the OP failed the checks due to a genuine reason a poor reference.

The new LL may be out of pocket as they have stopped marketing the room. It isn't the new LL's fault that the OP has failed the checks. The OP would have been told what checks would be carried out, they provided the LL with their previous LL's details and surely must have known that they would get a poor reference.

AdrianC

MissB2017 wrote: »

The tenancy failed to commence as LL received a malicious email from my previous LL and have now changed her mind. I offered new LL the opportunity to ask for references

ITYM "more references".

saajan_12

MataNui wrote: »

Unlikely. That would mean anyone could start taking deposits form multiple potential tenants, tell them they failed the checks and keep the deposits.

General principle is if you pay a holding deposit then back out you lose that deposit. If the other side backs out then its 100% refundable.

If you want to be cynical, then equally anyone could place deposits with multiple LLs to hold the rooms and then pick one and get someone to provide a poor reference to get the LL to 'back out' and get their deposit back.

So it has to depend on the agreement surrounding the holding deposit. I think in the event of a dispute of the terms of this agreement, you'd note
* a reference was requested
* a poor reference was provided
* the LL declined to rent on the basis of / around the time of the poor reference being received
and on balance the deposit would be seen as conditional on passing a reference. Of course there is a grey area on what 'passing' means but the OP suggests a 'malicious' reference.

HampshireH

Quite often deposits are non refundable if you fail the checks. Refundable if the 'LL changes their mind in letting.

If your old 'LL told your new 'LL you assaulted her partner & the police were called. That's not malicious but a truth you have openly admitted on the forum (I appreciate the circumstances also weren't favourable). Though that thread appears to have been deleted it is linked to and referred to in your "lodger advice" post.

Assuming you were released without charge & the police took no further action you could let your new 'LL know the circumstances around this. Perhaps they will consider It?

In relation to the deposit it really will depend on the terms and conditions you agreed to pay it on.

MissB2017

So many cynical assumptions.

The holding deposit was not paid under any conditions and the new LL did not request any references, proof of income etc therefore no terms attached. If you like I could point out that the new LL continued to advertise the house on Air bnb and Spare room.

I did not provide any reference details to the new LL, I had a good relationship with my old LL for 2 years and I shared her property with her as a lodger. therefore when I found the new place I shared my news. Problems didn't occur until last weekend when I had my inspection, my old LL wanted me to pay for a professional paint job due to mould on the walls caused by damp (I'd tried to keep on top of this with a dehumidifier and cleaning but in some corners it stained) also there was a leak from the roof into my room. Also a section of skirting had been damaged, I'd say it was rotten but no idea how it happened. So I have paid for a repaint and replacement of new skirting.

I had to leave the house urgently where my old LL boyfriend tried to break my door down threatening me all because I asked a question. He threatened to drag me out by my hair and became quite aggressive. Police were involved and LL has been told to stay away from me, but this was not before she found my new LL on Air bnb to send a message about how I intentionally destroyed her house which is not true.

It wasn't a reference but old LL going out of her way to be spiteful, as yes there was damage, was I responsible for the damp? I didn't smash walls, doors or leave the place trashed. It's an opinion on what people find acceptable I guess, my old LL admits there is a damp issue and lived with me for 2 years so I wasn't a bad tenant.

Has nobody here ever had an issue with old LLs? I guess you're all angels.
Never had deductions from a deposit for damage?

I did try to explain but my new LL is still not proceeding. I offered references from other LL's (one a 3 year let) to provide a true picture and statements to prove I pay my rent etc.

There were no terms attached to the deposit so I should get it back? I can't fail references that weren't asked for. I also have proof from my old LL telling me she enjoyed me living there when she explained they no longer wanted lodgers.

Local council have contacted the new LL who is adamant that she can't proceed. So now I need to get my holding deposit back.

Marvel1

aneary wrote: »

I don't think this is a scam the OP failed the checks.

OP - You failed the checks I suspect the LL can keep the holding deposit. The reference isn't the new LL's issue.

Seems like easy money, rent out house, take holding depoist, you fail, I keep money, next.

BrassicWoman

As I recall, you tried to move out without settling up for the damages, and there was some altercation with LLs partner?

I am not sure how describing those facts is malicious rather than factual?

Can you talk to Shelter about your options if you do not get your money back i.e. where you go to next?