Landlord never stopped marketing property despite holding deposit

sally87 · 14th July 2008, 11:55

I've agreed to rent a flat and paid one week's holding deposit. Got a receipt and signed a pre-agreement, provided references and was getting ready to move in. Suddenly, the agent calls me saying that the landlord had been marketing the property with another agent who got them a higher offer, so now I should either match this offer or they will go with the other person.

Isn't the whole point behind the holding deposit that the property will be taken off the market?? Is there anything I can do about this without having to pay more for the flat than initially agreed?

Many thanks!

MrShed · 14th July 2008, 12:30

What date were you due to move in? What does the "pre-agreement" state, and was it signed by the agents?

sally87 · 14th July 2008, 12:59

I was due to move in next week. The agreement lists the amount I paid, the amount I still owe (security deposit, 1st month's rent, agent fee, etc.). It also states that "this holding deposit is placed to secure the flat subject to references being supplied" in addition to the regular stuff about how it's non-refundable if I withdrew, the rest of the money is due before I move in, etc. I've already supplied the references.

And it is signed by the agent and myself.

Thanks!

MrShed · 14th July 2008, 13:07

Does it actually state how much the rent is?

I think it is important to note at this point that you CANNOT force them to rent the property to you at that rent. However, what you are entitled to is what it has cost you due to them breaching their contract - i.e. what it will cost to find another property. I assume that they have informed you they will be refunding the holding deposit?

sally87 · 14th July 2008, 13:18

yes, it does. There is an item on the first page that says:
"Rent for 1 month:" and the amount agreed upon.
They haven't said anything about refunding the deposit yet since they are asking me to pay the higher rent. I said this was unacceptable and they said they'd call the landlord again and get back to me so I'm waiting.

Although I will have nowhere to live in a few days, I am thinking of withdrawing just because of their attitude. It is not a good indication for the future. If the landlord is into "playing games" to get more money, who knows what could happen to my security deposit later.

I heard that I have to go to court to claim the costs for finding a new flat. Is this true?

I'm just extremely shocked that they would keep marketing the flat after I paid the deposit! What use is the deposit then? Ah well....

Thank you so much for your help!

MrShed · 14th July 2008, 13:23

It is the only way to enforce it, yes.

Geordie08 · 15th July 2008, 12:27

Mmmm... I think I may have dealt with the same person..... Is it a London agency by any chance?

Geordie08 · 15th July 2008, 12:28

potentially in the "Docklands" area?

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