Dealing with Agent: Holding Deposit taken and pre-contract signed

[khaizma]

Hi,

My partner and I are in the process of moving into a new place. We saw a place we liked with the agent and verbally agreed with the price and other items such as holding deposit, admin fee, advance rent, damage deposit amount, etc.

After sleeping on it, we decided to go for it and the agent sent us a pre-contract "confirmation of offer" letter. Noticed that the admin fee for the agents were higher than previously discussed, but the agent said that that was the amount that his manager had advised him of -- and gave us the usual speal on how popular this place is and that we need to act quickly. We decided to sign the confirmation of offer form (which included details for the damage deposit at 4 weeks rent) and hand over a £400 holding deposit. We were annoyed with the agent for changing the admin fee amount as we felt like we were being taken for a ride a bit -- but got over it.

The credit checks are currently happening, but the agent has come back to us and stated that the landlord actually wants to take 1.5 calendar months amount of rent for the damage deposit -- even though we signed the confirmation of offer form already. The agent apologised for not letting us know earlier but that this was acceptable due to:
1. the good deal on rent we got
2. the place has been refurbished
3. 2 of us moving in to the property

Just on principles, I want to refuse this change, as I feel like I am being taken for a ride again -- just because I have already paid a holding deposit.

Would appreciate any advice from fellow forumites on the following:
1. Can I refuse given that I signed the pre-contract letter of offer stating an other amount
2. Can I get my holding deposit of £400 back if I withdraw from the agreement given that they changed previously agreed items twice
3. If I start creating a fuss, could it be that they say my credit ref's weren't any good and that is why I won't be getting my holding deposit back

Any advice?

[Nightmare4banks]

Hi all!

khaizma,in reply to your post:

Post a full breakdown of the all charges so then I should hopefully be in

a better position to assist you further.

[damiencannell]

Hi

I would suggest you bounce it back to the agent as they are acting on behalf of the owner! Put pressure on them as they are giving you the misinformation and the pre contract offer.

If there was an offical advetisment anywhere, online in the agents get a hold of it as if it states one months deposit then you can really put pressure on the agent.

Im afraid a holding deposit does exactly what it says on the tin. The agent can withold all or a portion of it if you withdraw and this is backed up by what you have already signed. You would have to argue it out later as to how much.

They cant alter credit refs as you have a right to see them if you wish once completed. Bottom line I would ask yourself if you really want the property or not. Also check if the agent is ARLA (regulating body) affiliated as you will always have recourse if they are.

Good Luck

D