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Holding Deposit Refund

bitolas
bitolas Posts: 8 Forumite
edited 26 May 2019 at 3:21AM in House buying, renting & selling
Hi there,

Possibly these questions have been answered but couldn't find any clear answer and would like to get some help/ideas, so I am going to explain a bit of our situation.

Over the past 2/3 weeks, we have been looking for a house to rent, most within our budget of 550£week maximum.

Last week we went to see a house which we enjoy and suited our needs. The house, good location and furnished, with a high renting price (645£/week), we decide to put an offer of 590£/week and didn't ask for any requirements. The initial offer didn't satisfy the landlord, so we book another viewing to the property with the negotiator from the agency, and we put our final offer of 625£/week (definitely much higher then our budget, but we consider to do the effort as we really liked), but this time we ask to remove some of the furniture (like one wardrobe, small table, small shelves, etc and save it in a storage, at our total cost). The landlord accepted our offer, but with the condition to leave all the furniture, as didn't live in the country didn't have a place to put it, and of course, we said don't mind to take it as it is, and we said yes to go ahead.

On the following day, apparently, landlord drawback and said that needed to think better because she was afraid, as we straight accept his condition, that we could later on take the furniture out. We offered contract terms about furniture, increase deposit, etc. It past 2/3 days of no answer from the landlord. Today morning we listen from the agency that the landlord is running other viewings and after listening everyone would give us a final answer. So we wait. After waiting we receive final feedback saying that we could keep the house for the amount of 635£/week (10£/week more than our accepted offer, and 85£/week from our budget), but no furniture removed, and only if we would take his cleaner to come at least once a week for 3 hours, at our cost.

In the end, the landlord didn't show any flexibility at all, nor any interest in having us. along course we get really frustrated with lack of answer and misinformation. Dealing with all the pressure, and knowing the houses fly quick, it was asked to us to put a holding deposit of 635£ to secure the house, and as we really wanted that house we decide to go ahead.

(We know that cleaner is our right to deny it, so is less an expense!)

Considering this, and now thinking properly about all this situation, I don't know if having all these issues before we start a tenancy agreement is good, or give me any confidence to trust this landlord over the 2 years we are planning to stay in the house. All the conditions imposed just made us feel like we will be having a spy, and totally took away all the freedom that we would like to have in living in that house.

At the same time, today it came on the market another house, just within our budget (540£/week) and could be a potential place for us, but of course, we still need to view it.

Saying all this, and sorry for the testimonial, would like to listen to your thoughts, and what are my chances to withdraw the holding deposit and get a full refund of it?
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Comments

  • Cakeguts
    Cakeguts Posts: 7,627 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    What was the holding deposit for? What did they say you were paying for when you paid it?
  • csgohan4
    csgohan4 Posts: 10,600 Forumite
    Ninth Anniversary 10,000 Posts Name Dropper Photogenic
    did you sign anything as well??


    Where did you find this landlord? Gum tree?


    I hate bidding for rentals, I usually walk away
    "It is prudent when shopping for something important, not to limit yourself to Pound land/Estate Agents"

    G_M/ Bowlhead99 RIP
  • Go for the cheaper house. Your landlord sounds like a nightmare. Being overseas doesn’t mean he can’t arrange for storage.

    You will be stretching yourself.

    A cleaner once a week for three hours. Lol no.

    You may not get your holding deposit back, but saving £80pw over a few weeks will make you better of.
  • Have you signed anything to say you will get a cleaner? You want the landlord to choose to not rent the property to you. So now you have to say you don’t want a cleaner and unless he’s willing to rent the property without a cleaner, it’s not viable.

    I don’t think they can legally require you to use their service to do a cleaning job. If he wants a cleaner, he pays for it.

    I would look at the other place and negotiate with the letting agent to rent to someone else, full price
  • bitolas
    bitolas Posts: 8 Forumite
    edited 26 May 2019 at 2:03PM
    Basically I just receive the details from the agent saying to pay the holding deposit in order to take the house out of the market and guarantee our interest to the landlord. But didn't said anything like "subject to contract" or whatever.

    Didn't sign anything, just transfer the money to the agency.

    Yes also thought that more flexible than we are, we cannot be. There's nothing from his side giving us confidence, and being honest, is a place where me and my girlfriend want to live properly and accordingly to our needs, and of course we are responsible for whatever is inside the house in the begining of tenancy, so therefore will be obviously there in the end! I believe furniture and whatsoever would be better in storage anyway.

    Definitely will be looking at cheaper property...even if we loose this money, we can get it back on the money saved through the rent.

    To be honest is giving us a hard time, this landlord, never expect I would be 2 weeks dealing a house in London! Rejecting the cleaner might be the only way to receive the holding deposit back.

    Any further thoughts please be welcome. Is always good to hear.

    Will also post the outcomes soon!!
  • Housebuy12345
    Housebuy12345 Posts: 211 Forumite
    FYI a holding deposit is for people to put “their money where there mouth is”.
  • bitolas
    bitolas Posts: 8 Forumite
    FYI a holding deposit is for people to put “their money where there mouth is”.
    What do you mean with that?
  • Housebuy12345
    Housebuy12345 Posts: 211 Forumite
    Current tenant: hey we are giving our 28 day notice.

    Letting agent: tells landlord. Landlord agrees on rent price and pictures are reissued. Letting agent arranges viewings perhaps 2/3 weeks after notice by current tenant.

    Firth viewing and Potential tenant: oh I love the house, yeah I’ll take it

    Letting agent: oh landlord we have a tenant for you. We can stop doing viewings, they want to move in four weeks time.

    Potential tenant: fills in paper work and submits application

    Letting agent: process paperwork, sends to potential tenant. Does the necessary checks. Await for tenant checks to come back. Tenant checks come back ok - can take a week or two or three.

    Potential tenant: receives email saying their application has been accepted with details of how to deposit rent and deposit.

    Letting agent: doesn’t receive a reply from the potential tenant. Calls, emails....no response.

    Potential tenant: found somewhere else because there is no guarantee they get accepted for any place.
  • bitolas
    bitolas Posts: 8 Forumite
    Yes yes. Understood of course. And makes some sense.

    I just red somewhere about the cooling off period but it might not apply to this situation right?

    And let's say, that consider all the furniture issues and other conditions imposed, these terms come in the contract and I don't agree with them? Landlord still on the right to not refund me right?

    Many thanks for your time :)
  • Housebuy12345
    Housebuy12345 Posts: 211 Forumite
    Cooling of period doesn’t apply because you didn't entered into the contract online, over the phone or via your door step.

    https://www.which.co.uk/consumer-rights/advice/how-to-cancel-a-contract-without-being-penalised
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