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Agent Let Flat To Other People When Deposit Had Already Been paid - Help Needed

My mate was moving into a flat on Saturday (Dream flat), he was due to go along last night to see the flat and measure up etc. estate agent calls at 4pm yesterday, tells him another agent has let the flat and moved some people in. 5 days before he was supposed to move in!!
apparently, the owner told all the agents he had found tenants when he had paid his deposit, then this other agency went and moved some people in, without him knowing. He reckons the owners just found some higher bidders.
He paid a holding deposit on 22/9 and got a receipt.
Where does he stand legally and what can he hope to get back compensation etc?

Mate has given notice and has to be out of current flat which makes it even worse.

Comments

  • olly300
    olly300 Posts: 14,738 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    As he hasn't paid any rent or a proper deposit then he will just be able to get his holding deposit back. Unfortunately the owners, the LL, would be able to argue that because he hadn't paid them rent then he doesn't have a contract with them.

    I always use to pay holding deposits and my full deposit within 24-48hrs as holding deposits mean very little.

    I suggest your mate goes to the agents who he gave money to and demand that they find him another flat.
    I'm not cynical I'm realistic :p

    (If a link I give opens pop ups I won't know I don't use windows)
  • Guy_Montag
    Guy_Montag Posts: 2,291 Forumite
    1,000 Posts Combo Breaker
    Yeah, not much he can do except demand the LA find him another flat pronto & waive any fees.
    "Mrs. Pench, you've won the car contest, would you like a triumph spitfire or 3000 in cash?" He smiled.
    Mrs. Pench took the money. "What will you do with it all? Not that it's any of my business," he giggled.
    "I think I'll become an alcoholic," said Betty.
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