Concerned about LA and holding deposit

[mlondon]

Hi,

 

Last week we paid a holding deposit to a LA for a flat we wish to rent starting September. We signed a paper saying that they would take the property off the market once we had paid the holding deposit.

 

Today I got a email from the LA saying I would sign the tenancy agreement a few days before I move in (almost a month away).

 

I am concerned that the agent/landlord are holding out for a higher offer. The property is still being marketed by the same agent (on their website/gumtree) as well other agents.

 

I don't have anyway to force them to sign the tenancy agreement in a reasonable timeframe. They could pull out anytime and I would be stuck without a place to live.

 

Any ideas?

[bedlington83]

Do you have a copy of the piece of paper that you signed? Why not ask why you can't sign the tenancy agreement now?

[mlondon]

Yes I have a copy of that piece of paper. I have requested that the tenancy be signed within the next week.

 

I am just concerned that its up to them how long they string it out for.

[bedlington83]

Excellent! So if they are still marketing the property and end up renting it to someone else then you have a claim for damages against them. Planner will be along shortly I'm sure. Id be interested in his view of whether the payment of the holding deposit and an agreement to remove the property from the market constitutes the forming of a tenancy. I suspect not but it would strengthen your case considerably if it did.

 

Try not to worry too much about it; you may very well be worrying over nothing and its just that they're lazy and don't do stuff until they have to. If you do get to sign the agreement next week, make sure you double check the dates

Edited July 24, 2009 by bedlington83
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