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Carrickter

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  1. Hi, thanks for your replies. We signed a rather basic document that stated we would have the deposit refunded if the landlord said no, and wouldn't have it refunded if we he said yes and subsequently failed the reference checks (which I've since read would be unlawful according to the OFT). But there was nothing in the document that related to what would happen if the landlord failed to reply, or caused a significantly delay by replying late. In my opinion, the landlord's failure to reply in a reasonable time frame should constitute a breach of contract. But I'm not sure if a court would see it the same way. I haven't been able to find any info specifically relating to 'reasonable time frames' or 'failure to reply' so I was wondering if anyone had any specific advice that I could arm myself with before making a request for a refund from the agency. Thanks, Paul
  2. Hi, I have recently put down a holding deposit of 500 GBP on a flat which I was hoping to move into in early January. The agency I went through said they would contact the landlord immediately so that he could make a decision on whether to accept us as tenants, and then they would proceed with referencing checks thereafter. We were told that if the landlord rejects our tenancy offer we would have the holding deposit returned, but if we failed the referencing that we wouldn’t. We are confident we will pass the referencing, but the problem is, almost 2 weeks later, the landlord still has not made a decision (the agency says they can’t contact him). With our moving out date approaching we really need to know whether tenancy will go ahead as we don’t have much time to look for somewhere else and could be made homeless otherwise. So my question is; is there a time limit on how long the landlord can take to make a decision? Or is his failure to respond or make a decision a breach of contract on his part? I feel like I’m going to have to make a decision between potentially losing 500 GBP or risking homelessness due to the landlord’s dithering. The agency has not actually been the most responsive either, taking days to return emails informing us of this. P.S. I’ve read elsewhere that if referencing is failed and the landlord therefore decides not to proceed, that the holding deposit should in fact be returned, but our agency has told us this is not the case. Can anyone confirm this?
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