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I need help i paid a holding deposit of £620 on Friday ,then on Monday morning due to exceptional circumstance told the landlord i no longer could take the property,she is refusing to give me back my £620 and threatening to have me arrested for harrasment if I go to her house and ask for it,she will not speak to me on the phone just hangs up,where do i go from here ,there was no contract signed but i hvae a reciept for the money.I need the money back urgently as my dad lent it to me

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By the sounds of it...you are perfectly entitled to your money back assuming you've not willingly relinquished your rights by signing anything that would indicate the deposit is non refundable. Got this info off another site

Holding Deposit

7_Decorating_property_small.jpg

A holding deposit is paid by a prospective tenant so that a property can be removed from the market while references are taken up. A holding deposit is generally non-refundable if you change your mind about taking a property or if your references fall short. It will be refunded if the Landlord changes their mind about letting the property.

This is an important point to remember. If a Landlord changes their mind before a tenancy is signed all they are required to do is refund the holding deposit; scant compensation for a group of students with nowhere to live at the start of term. This situation can arise when some of the group are away on holiday over the summer or live some distance away and the signing of the Tenancy Agreement is left until the day that they all meet up to move in.

small.JPGEven if it has to be done through the post try and get the Tenancy Agreement signed as soon as possible.

Retainer

Different landlords have different interpretations of the word "retainer". The most common form of retainer is a non-refundable sum of money, calculated as a percentage of the rent, paid by a prospective tenant to a Landlord to hold a property for them over the summer months leading up to the start of the academic year. Retainers are generally only used with student accommodation.

The retainer period forms part of the contract even though you are probably not going to want to occupy the property during this period. The quid pro quo to the Landlord is that he has access to carry out certain maintenance works to the property during the retainer period. The normal retainer payment is 50% of a calendar months rent.

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Hi Lucas

 

I would send her a letter, send it recorded. Keep all communication in writing. Amend the letter as you see fit.

 

Dear Landlord

 

Re: Flat 1A, My Old Street, Mytown

 

I am writing to ask you to return my deposit of £650 that I paid to you on xxxxxxxx. I was hoping to move into the above property, on xx/xx/xx,

but due to exceptional circumstances beyond my control and the fact that no tenancy agreement has been entered into I request a full refund within 14 days.

 

I enclose a copy of my receipt for the deposit. Please will you confirm in writing, the reasons why my deposit is being kept.

 

I look forward to receiving a response from you within 14 days of the date on this letter. If you fail to respond within 14 days I will have no choice but

to start legal proceedings against you to recover my deposit, plus interest and court costs.

 

Yours sincerely,

 

A. Tenant

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Landlord is entitled to their actual financial loss.

 

Suspect this is zero in this case.

 

I would add to the above letter "I would like to remind you that you are only entitled to your actual financial loss due to this breach, so please quantify any such losses."


7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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