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  1. Hi All, I was wondering if anyone had any experience with this particular situation a close friend of mine is in with a frightful Trunchbull of a LA. She found a flat that she really liked, and was told that if she wanted to secure it, she would need to leave a holding deposit of £200 that would part pay for the actual deposit when she took up the tenancy. It was made clear in writing that if she pulled out of taking up the letting she would lose this holding deposit and if the landlord pulled out she would get it back, no problem she thought I definitely want this flat I'm not going to pull out. So she paid a holding deposit. At the next meeting the LA then produced the agreement that they insisted could not be changed (I became involved at this point to help her) when we tried to discuss the actual issues my friend was not comfortable with she was questioned as to if she actually wanted the let and if she wanted to pull out. and again refused to give any specific answer to our questions, continuing to question if she had the money to take up the agreement and asking if we wanted to pull out in a very forceful rude manner, the LA continuing to refuse to answer our questions or considering a modification of terms we were unhappy with. Our main concern was that as the contract states "at the conclusion of the tenancy the tenant will be responsible for having the property professionally cleaned including carpets and curtains. Such cleaning to be carried out by a professional company appointed by the Landlord or the Landlord's Agent, a receipt will be provided confirming this cleaning has been carried out." Eventually the LA did (claim to) contact the LL who refused to modify the above clause to along the lines of "leaving the property in a professional cleaned state" (words to that effect) Guide costs of cleaning from their contractors previous occupancies were refused to be provided by LA Pressured into not wanting to lose her holding deposit she accepted the terms as it was very close to the end of her other let. She is about to come to the end of her tenancy, and is concerned about the condition above might resulting in some large bill she has to pay that she feels she has little control over. Assume she will leave the property in a very clean state anyway (as she has always done with other lets) Can she defer this clause in the agreement which I feel she was initally misguided in to putting up collateral against which as a result forced her into accepting the contract. This woman has left me so vexed I'm inclined to report her and her companies behaviour to any governing body that will listen. It's a real shame things went this way, can anyone offer any advice as to how to approach the potential enforcement of what I feel are unfair terms?
  2. Hi Guys, Hope you can advise. Myself and my soon to be ex wife are getting divorced and as part of the divorce, herself is keeping the house and re mortgaging in her own name. She has managed to get the mortgage agreed and is in the process of sorting. However..... HSBC, who the mortgage is with, are allegedly holding a second charge on the house which relates to a previous company that was liquidated and a security on the property against the overdraft. The company that was liquidated was owned by us both, but was liquidated in 2009. As part of the agreement with the bank, the overdraft on the business account was secured against the house, we were aware of this. However, following the collapse of the company, HSBC issued a demand for the guarantee to be paid. Following weeks of negotiating, we offered a large sum of money IN FULL AND FINAL SETTLEMENT of the debt, with any charge being released against the property. This amount was accepted and paid. Now, they are saying the charge is still there and that "any monies not paid will be taken from any surplus when the mortgage is repaid" This clearly wasnt what was agreed, so what process/paperwork etc do i need to start to get this removed and situation sorted?
  3. Hello all, I am a Landlady which i gave my house to let to our local agent to help me let it. After few days the agent called me and told me that they got me a good offer, which I agreed to. they day after i got told by the agent that they are credit checking the family and they got £500 as holding deposit from the new tenants while they finish the process. Four days later, I had a phone call from the agent again telling me, sorry madam but they have failed the credit check but don't worry will keep searching for new clients. I have asked the agent after few days, Did refund the £500 to the client who failed the credit check!! immediately replied NO as the holding deposit is non-refundable. so i asked agin who should get this amount? she replied after few second quite, I have to check and get back to you. never got the money and never got a clear answer. i have changed agent now and all good. MY QUESTION WHO KEEPS THIS £500 HOLDING DEPOSIT ???
  4. Hi Folks I’m in need of some advice in regard to the return of my deposit from a previous rented property. The landlord has used a local estate agent to manage the property so all my communication goes through them. I’ll try to keep things brief with this: Started tenancy in November 2007, agreement states that deposit of £495 is held in a Tenancy Deposit Scheme though we were not given any reference or scheme number; Inventory states that carpets were soiled and tiles cracked prior to us moving in. Previous tenant had been there for six years so no idea how long floor was in that condition; Gave six weeks’ notice and moved out of the property on 20th April 2013. Hired a cleaner for carpets and wiped down all the tiles as best as we could; Estate agent/landlord inspection was done after we handed in our key, no response so assumed all was ok and landlord moved new tenants in a few days later. I later found out that the new tenants wanted new doors and stair banisters which the landlord had to pay for; Enquired about the return of my deposit on 24th May and the estate agent told me the landlord isn’t happy with the conditions of the floor (no specifics) and is thinking about what to do. Right now I suspect the landlord is using my deposit to cover the cost of the new doors and stair banisters. I’m quite annoyed because we (wife and I, no kids or pets) kept the place in immaculate condition and have never been behind with our rent or caused trouble. We thought he was a nice landlord until this nonsense! Could anyone suggest where we go from here please?
  5. Is it legal/OK to have nonrefundable holding deposit? I had to pay an estate agent 100 pounds in order to have them take the property off the market for 7 days, however another thread on this forum from 2 years ago said that this could be considered unreasonable. If I do not sign the contract within 7 days, the deposit is taken by the agent and the property is put back on the market.
  6. Hello People I hope I have this in the right section.My friend has just advised me that her son 11 years old I be leave, has used her card information to buy music subscriptions and points etc. He has been told about it kids will be kids, The main reason why I would like to point this out is that apparently, Microsoft hold full card information including the security code on the back of the card this was how her son managed to buy things surly this is not allowed Microsoft Even agreed that its an open card. This should not be allowed please can someone confirm this please also I am posting this as a warning as it may help others I would not like my info on there Thank you for any advice. sg
  7. Recently I viewed a rental flat with an agent which I decided I would like to take. I filled out an application and was approved. They charge my card with holding deposit. I never signed any agreement or anything about a deposit, nor was I asked to. Same day they send me pre-contact, witch included additional charge about which I was not informed earlier. I had a change of mind and decided that I did not want the flat. Can I argue that no contract was agreed in writing and I was entitled therefore to back out. Section 54 of the Law of Property Act 1925 Can I get my deposit back?
  8. Hello, I hope you can help. On Nov 1st I moved into a room here in London. I saw it once before with furniture in the room. I was advised the landlord has the ladies deposit who was in the room and should I want to leave that I'd just ask him for it, or rent the room myself and collect my deposit that way. I was told there was no contract. Day's later I informed the landlord I had moved in and sent him my 1st month's rent. He didn't know I was moving in but thanked me for the money and said he would come over with a contract. I explained I was told there was no contract and I did not want to sign one. He told me there's a contract and that's that. My 1st day there wasn't very nice, now that the furniture has moved out of the room I see a large amount of mould growing up my bedroom wall and in the corner also. I found out there is a mouse in the kitchen which goes to the bathroom all over our counter top where our food is prepared. The house hadn't been cleaned by the current room mates, every piece of counter space was covered with dirty dishes, some dishes with food in them sitting there rotting. The fridge had rotting food in it that has liquidized. The floor was actually the bin, they have no bin so just piled it on the floor even food scraps on top of cardboard. Even more shocking is a large wall in the kitchen behind cabinets that is covered with thick green mould. Obviously this place is not a healthy or a hygenic place to live and I want to move out immediately. I told the landlord and he's said the old roommate has my deposit and not him. He's also said he doesn't think I should get my 1st month's rent back..which I agreed with. I said I would pay for the week I have lived there but he doesn't think I should receive the rest of that 1st months rent payment back. I'm at a loss of what to do. It turns out he isn't registered, doesn't use the Tenancy Deposit Scheme. He has some room mates paying in cash, other's paying in to different bank accounts all over The UK. This isn't legitimate and I need to know what I can do and what my rights are to fix this situation. I have not signed anything yet. Please, any advice would be most appreciated.
  9. Hi, I was going to rent a room through an agency and paid a Holding Deposit of £500.00 to secure it. However, my circumstances changed and I am no longer able to move into this room. Although I realise that this Holding Deposit is non-refundable I believe that I was misled by the lady who was dealing with me and had to pay £500.00 instead of required £300.00; this is a sentence from my Holding Deposit Receipt: “Now that you saw and chose the property, the next step is sign a holding deposit receipt and leave £300.00 as prove of your interest”. The receipt also states that this is a non-refundable deposit that will not be refunded if I don’t take up the tenancy. Unfortunately I didn’t see this and paid £500.00 as requested by her. I saw the agency today but they told me that they will not refund me anything. They said that it was £500 instead of £300 because there was just a week left before I was due to start my tenancy. This is not mentioned anywhere on the receipt though. They also said that basically it doesn't matter what the Receipt says as long as I was fine to pay what was requested it is all non-refundable. Do you think I should be able to get £200.00 back as I was only supposed to be charged £300.00 initially? I am considering making a complaint to The Property Ombudsman. Thank you in advance for your assistance. Tony
  10. I do hope somebody can help as i am truly feeling harrassed now. On signing the tenancy agreement we were told that we cant get a copy and that it has to be signed by the L/l. Later we were advised that it was with head office. They said that the deposit and months advance has to be paid in cash as Natwest system was down. This was not true having spoken to Natwest that day. On moving in it came to our knowledge that the washing machine, tumble dryer and kitchen extractor fan was not working. The cupboard in the smallest bedroom which my toddler sleeps in has a cupboard with exposed wires. I put a big plastic box in front of it so she cant get access. For weeks i tried feverently to get these repairs sorted but they kept fobbing me off with excuses such as yes somes coming tommorrow to sort it out or that they had sourced a dryer its brand new and in another L/L's garage. They insisted that it had to be delievered on the day and when i agreed and told them anytime. They called to say that the L/l decided he wanted it. When i asked what make/style/or whether it even came with warranty they were not aware. This happened twice. Prior to signing we were told that a table and chairs and a fridge freezer is approved. I had also put this in an email that i requested this but the est agt did not reply via email.The fridge freezer that is currently there is too small it has less 2 1/2 shelves and no tray on the door to hold bottles. Now that that est agt has been sacked they are asking me for proof of confirmation. Around the 27th day of moving in they said that they want me to sign a prescribed information form for DPS. It cross referenced an old tenancy agreement (that they had asked me to sign for but i did not move in on that date as the boiler needed certifying). I said that i could not sign it as it cross referenced an invalid tenancy agreement. They then sent another tenancy agreement which had the landlords wifes' name on it. I refused on the grounds that it had to be the landlord contact details not the wifes. The est agt tried to pretend it was a mistake but it was evident by the fact that she had handwritten that she had gotten "his" consent to sign on his behalf on the last page of the agreement. On account of which she decided that she wanted to create a new tenancy agreement. I told her that I wanted all the paperwork associated with the tenancy agreement. In this agreement it states that the landlord will repair electrical appliances that are in the inventory. However, in the mutal agreement section she has declared that the L/l no longer wants an inventory. However, the day that rent was due he text me saying he wants an inventory done. I did not pay the rent. She took out the section relating to the landlord having landlord insurance and keeps the section requiring me to have insurance to cover £2k worth of content insurance. Since then the landlord has been sending an engineer around he is the fourth person to be viewing the property. I told the est agts that this is harrassment as they cant keep accessing the property and nothing effectively is changing. All of th engineers said that the goods need replacing, however this last engineer has said that the tumble dryer can be repaired and the extractor motor albiet is dead can be repaired. Please note no gas certificate was given until around 30days of the tenancy and when recieved it was dated 2010 then crossed out in different ink and different handwriting. I was legally advised to ask for alternative accommodation as the property was potentially dangerous. I was then advised that the est agt had contacted the plumber whom had the correct date on his ticket. The gas certificate said at the top Landlord so its not supposed to be my copy. I have checked land reg and it appears that he is the only landlord and it appears to be a residential mortgage as he is still registered at my address. Not withstanding i have contacted DPS and they have confirmed that they have registered my deposit but not sent the money and 30 days have elapsed. As i have not signed the last tenancy due to all the discrepancies can they argue that they were waiting for me to sign the tenancy agreement before they can actually send the money to DPS. I sent an email to the est agt and L/l stating that we want all the goods as per viewing of the property i.e. seperate washing machine and tumble dryer etc. I advised that if we are going to lock heads on these non-working items lets call it a day and come to a mutual agreement on leaving the property. I told her to send all correspondence via email. Instead she contacts my husband and advises that they are providing a washer/dryer that day. My husband agreed. I told him to contact them back and advise that we required the items as seen as per viewing and to send all correspondence via email. 10mins later theres a knock on the door and its the landlord with the engineer. She sent the email 10 mins before but never mentioned to my husband that the landlord was coming too. Can they do this? I have stopped replying to her email now as i felt that was the last straw as this is feeling like harrassment. I dont mind paying my rent once the repairs are done. However, est agt keeps emailing me asking me to sign, i have told her that i am seeking legal advise due to all the discrepancies in this case. The day rent was due (i did not pay) i recieved a reciept for window cleaning, i checked the windows they were not cleaned recently. However, I found smugged writing on the window upstairs stating " D**d I can" I feel really harrassed. I was told that the appliances were in working order and that table/chairs and fridge freezer were agreed from the est agt that has subsequently been sacked for embezzlement and i am being asked for proof of confirmation that he said it was agreed. Can I get out of this agreement? If i remain how can i protect myself from harrassment and what protection will i have for any further repairs that may arise? Sorry for the long email just thought i should give most of the facts.
  11. Hello everyone, I went to a jewellers "eternity" to sell some gold. I got more money than I expected and I didn't want to walk around with the amount at the time so I asked if they had a club I could put the money in to keep a hold of. 2 days later I went back in and picked 3 items to buy and I had £160 left to spare. I asked for it back in cash but they said I can't have it and that I'd have to spend it in the shop. I don't want anything else from the shop, I need the cash. I have a receipt from them after buying the 3 items that states I have £160 "CASH" left. Can they do this? Why can't I get my money from selling my gold? Thanks
  12. Hi guys, I was hoping for some advice on this. I was contacted by an agency after sending out an email on a website stating that I was looking for a new room. I was taken to view the room in which I said I would need some time to consider my options. The agent suggested that I put down a holding deposit which I have done in the past with other agencies and on these occasions they were refundable. I paid the deposit (in cash) and then was handed a receipt in which it says that the deposit is to cover the admin fees and is non- refundable. In addition, should my references not check out they are also allowed to keep my deposit. I know it's probably my fault for being so naive, but I was just desperate to get out of this house. Are there any guidelines on holding deposits? When is it acceptable for agencies to keep the money? Thanks for the help in advice
  13. Hey everyone, I was interested in renting a property in Edinburgh, advertised by the letting agency Murray and Currie, so I called and organised a viewing. After having viewed the flat, I called up and said I would like to ask for an application. They told me I would first have to pay a holding fee of £350. I did this over the phone, and paid with debit card. Now I have received the application, and it states this: "I agree that should we fail to proceed with the rental of this property, for any reason, then the holding deposit shall become the property of Murray and Currie Ltd. – Murray & Currie may request for the agreement to be signed within 10 days. Please contact us to arrange your lease signing appointment" As I understand this, it means that if I OR the landlord decide that I am not suitable, then I lose the holding deposit of £350. Surely this can't be legal. If the landlord should decide that I am not suitable then they should return the holding deposit. Is this correct? I am thinking of backing away from this agency due to this, would they have to return my "holding fee"? as I have not signed any contract yet. Thanks in advance!
  14. http://www.express.co.uk/posts/view/327036/BA-faces-revolt-over-high-fliers
  15. Afternoon,This website has been very useful to me in the past so here it goes.Just moved from place A to place B. I was paying rent for 6 months to a tenant who I lived with and soon reliased the contract i signed was not a contract but a sub contract he created and the real house! contract was in his name and giving himself a favourable rent cost (thats not the issue). What is this issue is we have now moved and this person has still got our money as he was no where to be seen the last few days.He now wants to meet up to discuss the deposit. He refuses to state the amount or give a breakdown ... meaning he has a different amount than what we have in mind LESS. What can I do to protect the money......Can I in any way. I have the receipt of the original deposit.Thanks.
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