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Holding deposit £1000 fair? No refund
foaf26907
Posts: 4 Newbie
Hi may I ask for some advice?
Looking to rent a house, put an offer in and I was told my 19 yo son and I would need to do reference check. I’m a FT teacher, he’s a part rt time waiter. Hence monthly wage fluctuates cos of tips. However I apparently didn’t enter the correct info on the reference form. Apparently I shouldn’t have worked out an average and there was a section for tips etc. Anyhoo although I wasn’t trying to deceive them because of the ‘untruths’ We failed the reference check. I had signed the document that said if we failed the landlord could refuse to go ahead and the holding deposit would be used to cover LA fees, LL loss of rent etc.
Actual email from LA:
The some of the details you provided to us within your initial offer have turned out to be untrue and this has led to your external referencing failing. Specifically, Son's income and employment type. These issues, on top of the fact that you and Richard have failed to comply with our requests to provide us with the referencing documents within the correct time frame, are too much of a problem to overcome.
As both of the above constitute breaches of the terms of the holding agreement we have had to report this matter to the landlord and the landlord has instructed us to cancel your application for the property.
As per the terms of the holding agreement, the holding money you have paid has been retained to cover the landlord's expenses incurred due to your failed application and our fees. These costs include any lost rent that may be a result of lost marketing time, due to removing the property from the market during your application and the landlord's fees.
But a friend told me that I should be able to ask for a partial refund as £1000 holding deposit is a lot. Even with the LA referencing fees, the house is not vacant so he’s not lost out on rent as the tenancy wasn’t due to start until 10/03. It did take longer than the given 3 working days to get all the required documentation together but I work and they extended the deadline.
I know because we failed I can’t get a full refund but could I try for a partial refund? The money they have is stopping me from being able to rent somewhere else.
Any advice greatly appreciated
Sorry for duplication but I had wrongly posted this on someone else’s thread.
I had received information to try the Letting agent redress scheme but as I understand from the website “the schemes won't cover complaints about the amount of fees charged or if they are reasonable”
Doesn’t this mean I can’t use them to ask for any money back?
Looking to rent a house, put an offer in and I was told my 19 yo son and I would need to do reference check. I’m a FT teacher, he’s a part rt time waiter. Hence monthly wage fluctuates cos of tips. However I apparently didn’t enter the correct info on the reference form. Apparently I shouldn’t have worked out an average and there was a section for tips etc. Anyhoo although I wasn’t trying to deceive them because of the ‘untruths’ We failed the reference check. I had signed the document that said if we failed the landlord could refuse to go ahead and the holding deposit would be used to cover LA fees, LL loss of rent etc.
Actual email from LA:
The some of the details you provided to us within your initial offer have turned out to be untrue and this has led to your external referencing failing. Specifically, Son's income and employment type. These issues, on top of the fact that you and Richard have failed to comply with our requests to provide us with the referencing documents within the correct time frame, are too much of a problem to overcome.
As both of the above constitute breaches of the terms of the holding agreement we have had to report this matter to the landlord and the landlord has instructed us to cancel your application for the property.
As per the terms of the holding agreement, the holding money you have paid has been retained to cover the landlord's expenses incurred due to your failed application and our fees. These costs include any lost rent that may be a result of lost marketing time, due to removing the property from the market during your application and the landlord's fees.
But a friend told me that I should be able to ask for a partial refund as £1000 holding deposit is a lot. Even with the LA referencing fees, the house is not vacant so he’s not lost out on rent as the tenancy wasn’t due to start until 10/03. It did take longer than the given 3 working days to get all the required documentation together but I work and they extended the deadline.
I know because we failed I can’t get a full refund but could I try for a partial refund? The money they have is stopping me from being able to rent somewhere else.
Any advice greatly appreciated
Sorry for duplication but I had wrongly posted this on someone else’s thread.
I had received information to try the Letting agent redress scheme but as I understand from the website “the schemes won't cover complaints about the amount of fees charged or if they are reasonable”
Doesn’t this mean I can’t use them to ask for any money back?
0
Comments
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Do please name the agency!0
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But you signed a document that states they have the right to hold the fee should it be cancelled. I don!!!8217;t see how you can appeal that?0
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You can sign a contract that includes a term to give up rights to your first-born child ... doesn't make the term enforceable.
OP ... a fixed amount (especially that high) would likely be seen as a penalty clause. Whilst there may be some subtle variances for housing/tenancy contracts, the general tenet is that consumer contracts cannot include penalty clauses.0 -
Letter before action and then small claims.
Point out in your letter that making mistakes on the application form does not entitle them to retain your deposit.0 -
I had the same happen in 2009 it was only £200 though. they told me there was no way to fail the check then I failed. I phoned and begged and pleaded for 2 weeks. in the end I went to the shop and sent every customer away telling them they were thieves. I said I'd stay there till I got my £200. had it in my hand within 10 minutes l!This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com0
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tessiesmummy wrote: »I had the same happen in 2009 it was only £200 though. they told me there was no way to fail the check then I failed. I phoned and begged and pleaded for 2 weeks. in the end I went to the shop and sent every customer away telling them they were thieves. I said I'd stay there till I got my £200. had it in my hand within 10 minutes l!
I have a new hero!0
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