Finally got the money back. It took about 15 emails and ended with an ultimatum of pay up or I'll take you to court and attempt to recover any legal costs incurred on top of the original sum. After a couple of days they paid the money. This was the second time I threatened court but after the first I agreed to give them some extra time to contact the landlord. It's an absolutely disgraceful way to behave and I'll be sure to warn as many people as possible about the conduct of this agent. Thanks

Ok well the confusion came about because it was my girlfriend who actually paid but when I checked with her she had made the payment by online banking. She phoned the bank to ask if they could reverse it but they said no. It was over a month ago, not sure if that's relevant. The agent claimed that they were waiting for permission from the landlord to release the money - you doubt that then? I've thought all alongthat the agent had made a mistake because I find it hard to believe that a landlord would go back on his word one week before the tenancy is due to start. My guess is that the agent got confused telling the tenants one thing and the landlord another and are simply trying to avoid paying for their mistake. Could turn out to be even more costly though. If I issue them an ultimatum of return the cash or small claims it should be to the agent rather than the landlord then? Is it possible to just claim against both and then see what a judge says?

What does it matter that isn't what the question is about. I'm inclined to believe that it is the agents responsibility but I'm not sure we know that for sure. Why do you think it is?

We paid online by bank transfer and the headed doc acknowledges the payment so that's as good as. Tried visa but I guess because holding deposits are a grey area they wouldn't refund the money.

Like I said we have a document and we paid by visa debit. A reciept is not necessary.

Just the doc as mentioned in the first paragraph which states the amount taken as a holding deposit.

For info, I've made several calls and the CAB tend to be helpful, but the information provided is often quite general and maybe not enough to really resolve the problem. I phoned ConsumerDirect who gave me the number of CommunityLegalAdvice (0845 345 4345). If you qualify you can get free legal advice from them - I don't but they did supply the details of several solicitors in the area that specialise in this area of law and one of them runs a free workshop that you can just turn up to and is not means tested - apparently these are quite common.

I found a place that I liked and paid an £800 holding deposit to an agency. They sent through an acceptance document and T&Cs confirming the move-in date, the deposit taken, rental ammount etc. but this was all 'subject to contract'. This was 6 weeks before we were due to move in. 2 weeks later we got an email from the agent saying that the landlord wanted us to move in 3 days earlier than agreed. We said no becuase we already had an overlap between the old and new rentals so we didn't want to pay extra rent. A week later we got another email requesting that the move in date be changed and we refused again. One week before we were supposed to move in we got another email saying that we had to change the date or 'the deal is off' and we also got a phone call saying we should move the date or they would refund the money. We took a day off work and saw four properties and luckily one of them was fine so we took it there and then. We told the agent to refund the money. Surprise, surprise, that evening they emailed us with the contract we'd been waiting for for five weeks! At this point we told them that they had already backed out of the agreement and they should refund the money. They have refused to refund the money claiming it is non-returnable. Clearly this is ridiculous. I've now exchanged several emails and they have said that it is non-returnable and also that it is out of their hands becuase it is up to the landlord to release the money. Is the landlord really responsible for the holding deposit? If we go to small claims should we prosecute the landlord or the agent? It is so clear that they are in the wrong I can't believe that they are even trying to hold on to the money.

I admit that I have little grasp of what is legally enforceable, but it really gets to me that something can be far below the standards advertised and cause a great deal of discomfort and there is little I can do to force the landlord to face up to their responsibilities. I have seen quite a lot of postings here and elsewhere that suggest a proportion of the rent is often refunded over the period that the heating does not work. If it went to small claims could I not try to claim reasonable compensation? The disturbance from the doors is also something that should have been permanently fixed long before now. It only continues to be a problem becuase there is not enough pressure on the management office to sort it out. A disturbance like this does prevent a tennant from enjoying the property in peace and as such is a breach of contract isn't it? If you feel forced to move out by the property not living up to the standards it is supposed to, would it not be reasonable to additionally claim one set of reference/agency fees? - these are costs incurred purely becuase the property is not up to the specifications it was leased under.

Thanks for the reply Planner. I thought that the heating not working would be reason for compensation on its own. Surely I have a right to expect heating in a rental property. I don't believe that I should have to accept excuses for teething troubles that might be unacceptable in an older property - if the apartment isn't fit for living in it shouldn't be rented out until it is. It was quite cold over this period, reaching I was told by the concierge that many residents had had problems with their heating when they moved in and I know that many people have been in contact about the banging doors.

Hi all, I've read quite a few posts on this site and I'm fairly sure I should be entitled to some compensation. Though I'm not sure how much and I'm not sure how to proceed. I moved into a new 'Luxury apartment' four months ago and there have been quite a few problems that have caused inconvenience to me and fall below the standards I would expect for my £380 a week. I generally phoned in the first instance and followed up with an email - I have a record of about 30 emails over the four month period. The problems were; 1. Heating - The heating only worked for one day in the first three weeks. Engineers did come round several times in this period but were unable to resolve the problem. When I moved in there were parts to the boiler and circuit board (under-floor heating controlled in each room) on the floor, so the problem was known. I was supplied with electric heaters but not until the final week – and one of them sparked when I unplugged it and I found it had an out of date electrical safety certificate. 2. Disturbance - There is a frequent problem with door locks banging throughout the night. In these instances I have to phone the concierge to get them to come and close the door properly but they can take a while to get there and it can restart as soon as someone else leaves the building. This is really annoying if it’s 3 in the morning… This has probably occurred on at least twenty occasions since I’ve lived in the apartment. The management office say that the buildings people (can’t remember the phrase) are responsible and they haven’t yet found a solution. 3. Unauthorised entry – I came home one day to find the alarm going off and a letter on my table saying that an inspection had been carried out. I was given no notice of this entry to the property. 4. Security – the door locks that cause the disturbance are external doors so there is often no security to the block. 5. Poor service – The management office frequently simply ignored my emails and didn’t respond to my concerns. Particularly with regard to the door locks but also for some lesser details. Ultimately I believe I can only really take this issue up with the landlord though it is arguably the management office that has failed in their duties. Is that correct? I know that legally some of these points might be worth little – for example the poor service received but if I’m paying for luxury apartments surely they have to deliver? After two months of making no progress with the management office I wrote directly to the landlord detailing all of these issues and stating that I felt I was entitled to compensation. I recently had a response saying they will not be paying any compensation. I would appreciate any advice on what my next step could be and what you think my chances are. Thanks for any advice / thoughts.