Holding deposit contract: shouldn't it be clearer when I lose the money?

SouthLondonUser

PS Also, the holding deposit contract proposed by the agency fails to mention a number of important things, which I had instead confirmed in writing by email because they are key:

1. amount of rent agreed. It says the holding deposit is £x, but it doesn't say it's 2 weeks of rent, nor does it say what the agreed rent is. So the landlord could up the price by 10% and then claim I withdrew if I don't agree!
   
2. Term and break clause. I made the offer on the basis that the contract is for a given term and with a certain break clause. The landlord could come back with a 3-year contract and no break clause and then claim it was me who withdrew.
   
3. Modifications to the property. I made the offer on the basis that I will be allowed to carry out, at my own cost, certain minor changes to the property which are very important to me. The landlord has said he's fine with it but there's no mention of this in the holding deposit contract.

I am not going to write what I really think about the agency because I don't want to be sued for libel, but fair this is not!

SouthLondonUser

letitbe90 wrote: »

The reason for there being no criteria is likely because the list is undefined and exhaustive. [...] you can imagine how silly it would be to have to list every reason under the sun to refuse a tenant.

Of course there cannot be a 100% exhaustive list. But all the stuff you have mentioned would fall under my misrepresenting my status. Some b* about being a reliable tenant of good character could be added. Again, I am not saying I want a 100% exhaustive list; I am saying I should NOT lose my deposit if the information I have provided is correct, no new information comes up, yet the landlord changes his mind.

Are you a tenant? A landlord? Would you accept this kind of contract?

letitbe90

SouthLondonUser wrote: »

Of course there cannot be a 100% exhaustive list. But all the stuff you have mentioned would fall under my misrepresenting my status. Some b* about being a reliable tenant of good character could be added. Again, I am not saying I want a 100% exhaustive list; I am saying I should NOT lose my deposit if the information I have provided is correct, no new information comes up, yet the landlord changes his mind.

Are you a tenant? A landlord? Would you accept this kind of contract?

I don't really believe "being of good character" or "misrepresentation" applies to most of the reasons I listed above - no statement can adequately cover all possible LEGITIMATE grounds that the landlord may wish to refuse a tenant, it is too ambiguous, it can be argued against - one can't determine one from the other from merely a set of statements. Such sweeping statements exist in all sorts of financial contracts as well, to cover the instituion.

I am a tenant yes, and I would accept the contract.

SouthLondonUser

letitbe90 wrote: »

I am a tenant yes, and I would accept the contract.

Then you are either resigned to be at the mercy of landlords or have had much better experiences than me. Of the last 6 properties I rented, only in one did the combination of landlord and agents not try to steal money from me based on the most ridiculous pretexts, like claiming that a plastic bin I had broken was worth more than £100 (it was £5 from Argos), "forgetting" that I had received the landlord's permission to dispose of certain furniture and trying to charge me for it, "forgetting" that all the nails in the walls had been made by the landlord and charging me to redo the entire walls, etc.

This is why I start from the assumption that whatever is not in writing is worth zero, and that landlord and agent will try to fleece me in any way they can.

Are you also fine with a holding deposit contract that does not mention cost, term, and the conditions on which you have made your offer?