Holding deposit paid, property taken by other!

[Gpaul]

I was the first person to arrange a viewing for a certain property before it actually went online. I agreed to take it on the spot, the letting agent gave me a ride back to their offices where I signed the below document, paid a hefty holding deposit and agreed on the moving in date. I then left the country and came back today only to get a message from the agency saying that another offer came through and that is not certain that I will be the one to get the property now. I was supposed to move in next TUE, and I am meeting the agent on MON only.

 

Is it really possible that despite me paying a holding deposit I may still lose this place? Is this deposit really worth nothing? If so, can I at least get ALL my money back despite the terms of the payment stating that they might keep the admin charges. I also noticed that one day later after paying my deposit, the property started to get advertised online, with a higher asking price, with the latest ad dated only yesterday! What are my options here please? I am desperate to move in since I gave my current landlord my notice 2 weeks ago and I need to vacate.

[renegadeimp]

Looks like theyve broken their own agreement. Possibly the new tenants paid in full upfront.

[Gpaul]

Looks like theyve broken their own agreement. Possibly the new tenants paid in full upfront.

 

But what worries me is the fact that under the terms of the agreement it does say that the landlord can refuse to continue with the AST, I get my deposit back minus the 180( admin fees). This is a big issue for me, not only I will be 180 minus but probably will have to pay a hotel room until I find something else. While the landlord losses nothing, and probably gets another tenant willing to pay more. There must be something legally wrong with this.

[renegadeimp]

If they do that and deduct the 180 admin fee's it might be a little con they have going by allowing you to place a deposit, then kicking you aside and taking the 180. There was a program on tv about this type of thing early last year. They went in with hidden cameras and a reporter posing as someone else after the property was meant to be held. The letting agent allowed the person to view the property and place a deposit down, even though they had guaranteed the previous tenant the property.

[mariner51]

It is difficult to cancel an ad placed on a 3rd party website at short notice, as per local paper and print run cutoff dates.

However LA/LL should inform subsequent applicants that property is 'under offer' and their application would not be progressed until primary applicant has a LLs decision or withdraws.

Normally a simple holding deposit if LL declines applicant, not refundable if prosp T withdraws

If the holding deposit includes an element for ref checks then LA is entitled to deduct cost of work contracted.

LA/T holding deposit agreement should provide insight.

I would ask LA to justify their admin charge and exhaust Co complaints procedure, then report them to report them to rel Ombudsman f

[Conniff]

I wouldn't just report them. If someone guaranteed me something with a contract and deposit, I wouldn't accept any admin charges being taken when they breached that contract. I would be claiming damages from them plus my full deposit. I would use the courts if they refused.

[2ltr16valve]

I wouldn't just report them. If someone guaranteed me something with a contract and deposit, I wouldn't accept any admin charges being taken when they breached that contract. I would be claiming damages from them plus my full deposit. I would use the courts if they refused.

 

I agree fully. You can show damages if you have to leave your current property and will effectively be homeless.

Take it all the way through the courts.

[Steve__M]

Agree with mariner's last sentence.

 

Unfortunately, apart from the admin fees, the document you signed is pretty standard in that it promises absolutely nothing in return for your "holding deposit".

 

Note that nothing is lost till you are declined the contract, so might be worth remaining polite till then.

 

Trading Standards are other places to go after then.

 

Incidentally, how much did you pay up front? After a recent experience that I'm currently describing in another thread I would not hand over any significant money to any agent that did not have an ombudsman and a long-standing presence indicating that they were a stable company.

[ericsbrother]

Admin fees? They wouldnt like trying to expalin it to a judge and what is agreed verbally counts as much as the written word, just harder to demonstrate.