Renting: Deposit paid, now the flat is not available!

Costaz

Hi all. Can I ask your advice?

I am moving to Belfast in July. In order to find a place to stay, I went there in mid-April flat hunting. To make a long story short, I found a place through a letting agent, and I paid them a deposit (one month's rent) and a £30 reference fee. They told me that they'll take it off the market, and they'll wait for me to send them some paperwork (letting application), and then arrange for the signing of the contracts. I sent the application last week, and today the agent calls me with the news that the landlord changed their mind, as the current tenants will stay in for longer. :mad:

I am just wondering, how binding is the deposit then? It's a big deal for me, as I now have to take (again) days off, go (again) to Belfast, probably spend some more on a B&B, and do the whole process again...

Any ideas, suggestions? Or, at least, some sympathy?
Many thanks.

SquatNow

It's not binding at all.

Nothing is legally binding until the have the signed AST in your hand.

ruggedtoast

Its extraordinarily unfair that the landlord has no penalty for backing out of the tenancy whereas you lose the deposit but thats the way it goes. Im about to lose mine for the same reason, but I found a much nicer place so really its a lucky escape. (thats how im trying to look at it anyway!)

Gingernutmeg

I was under the impression that if you change your mind, you loose the deposit, but if the landlord changes his/her mind, you get the deposit back. Is this not the case? I know that I was able to get my holding deposit back in similar circumstances, less the cost of the credit checks that the agency carried out (IIRC £13 each).

ruggedtoast

Yes, the LL gives the deposit back, losing nothing.

terryw

ruggedtoast wrote: »

Its extraordinarily unfair that the landlord has no penalty for backing out of the tenancy whereas you lose the deposit but thats the way it goes. Im about to lose mine for the same reason, but I found a much nicer place so really its a lucky escape. (thats how im trying to look at it anyway!)

Mate, I agree absolutely with everything you say. But you will lose relatively little. If you had agreed to buy a house, but the seller dropped out for whatever reason (or visa versa) you would have lost out even more taking into account valuation, lenders' fees and solicitors' costs. I know......I am that soldier! That is the way of the world.

Pleased your new place is looking OK.

bw

terryw

Paddy_Charlie

This has happened to me but I only found out on the day of the move which left me with nowhere to live. The LA was absolutly useless and didn't care if i ended up on the street. They haven't even returned my personal things for the credit checks and are ignoring me.

But if LA and landlord do buisness like that your better off finding a new place

Costaz

Thanks for the replies, I kinda knew that I don't really have many other options than go back and look for a another flat, I just wanted to let some steam off. But it's amazing that the LAs can do things like that and get away with it. Wouldn't I have a case to take them to the Small Claims Court?

Anyway, the main thing now is to find a place to live...

Paddy_Charlie

It would depend on the wording of what you would have signed upon giving the deposit but as you hadn't signed a AST it would be doubtful that you would have sucess at a small claims.

I am taking my LA to small claims over what happened to me but it is only due to a lot of details and different circumstances.

Your probably best putting it behind you and focusing on finding a different place.

It could have been worse it could have been a lot closer to the move in date.

Best of luck