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| *Ostroff, Fair and Company>>>Renting & Real Estate |
Am i entitled to get my holding deposit back? PLEASE ANSWER!!? |
I paid a 拢660 holding deposit for an apartment, as my tenancy was coming to an end and my Landlord is selling the property. My Landlord then told me i could stay in the property until he sells it, so i informed the agency and asked for my holding deposit back... I had not gone through any referencing, i didn't sign any tenancy or an agreement of any kind, from the day the landlady acepted my offer the property was only held for 2 days. The agency refuse to give me back my deposit, even though i never incured any administration fees (as NO paper work was done) I have been trying to call ARLA for 2 days (no answer!) what are my rights here? Am i entilted to my money or not? Any advice would be greatly appreciated! Thank you in advance The deposit was to make sure that no-one else took that property. The landlord then stopped marketing that property and so has potentially wasted time in holding it for you, and thus lost potential rent. The costs for taking up references are usually additional to the holding deposit. I would speak to the rental agency concerned and see if there can be an acceptable agreement where you possibly get some of the money back. A holding deposit is - as far as I am aware - a non-refundable amount to make sure that the property doesn't go to someone else and is nothing to do with the letting/tenancy agreements/references. You should have signed a document and that will explain what you were paying and why and whether any part of it is refundable. You should have a copy. Get in touch with Citizens Advice Of course you're entitled to get your money back!I'm just going through the same thing to be honest.....but I'm gonna take them to court if I don't get it!Put your foot down!Good luck! You should be able to get it back, sue them in the small claims court.Sometimes the threat alone is enough to make them return it. As only 2 days were involved in between you giving your deposit and you informing them of the change of circumstances,you may come under the 14 day rule where you can change your mind and get a refund.If this is not the case,then why do you not go ahead with the rental as your present landlord may very well sell it quickly and then you will be back to square 1 again.? If I understand your question correctly, you wanted to take another appartment as your lease was due to expire, but in the end decided to stay where you are, if this is the case you probably will not get your deposit back. They are intended for this purpose to stop people time wasting or to stop bidding wars. If this is the case you should have a receipt or a letter explaining your rights to cancel. If I have misunderstood the question and your estate agent is at fault as the property is no longer listed you are legally allowed your money back. Good luck though!! if u didnt sign anythign or make an agreements then u have a right to your deposit back. u can take them to small claims and get it back. |
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