Multiple Holding Deposit

[blacksheep1979]

nope no laws broken - sorry you don't really have a case for anything. Holding deposits work in the landlords favour and not the tennants. Even after paying one you aren't guaranteed the house.

[direct2000]

Now I want to get my full holdind deposit back bacause I found out that the landlord did not accepted housing benefit.

 

My £250 holding deposit had hold this property for 4 hours.

It looks like as .......

I could advertise a £1000 pcm flat for £250pcm - get loads of viewings and deposits then keep them all -- i would make far more money doing this than actually letting the flat !!!

[blacksheep1979]

No you cannot keep the deposit if you do not let the flat to someone. However if you did not disclose the fact you were on benefits when asked and the property was taken off the market for you then in some instances the deposit could be kept (if due to not disclosing benefits the landlord had lost potential tennants).

[direct2000]

Do you really consider that the property was taken off the market for me?

In fact, there were not and was not any restrictions (for example-Housing Benefit) on many websites. Really the agent did not ask me exactly on that day 22/02/07 about it but I had told it to the agents in last 4 months.

=======================================================

22/02/07 at 11:58am I paid £250.00 Holding Deposit.

22/02/07 at 16:15pm, second deposit was paid to the agency.

24/02/07 I provided the agency all forms confirming our income, housing benefit and references in writing.

01/03/07 Mr Tom Lee promised me if the landlord refused me or choose another tenant then Beaumont Residential Agency must return me an entire holding deposit.

05/03/07 Mr Kerim phoned us to tell that the landlord did not accepted Housing Benefit and this house was again on the market. He also asked us to come to the office in order to collect the deposit.

 

15/03/07 Mr Tom Lee refused to return my holding deposit and refused to confirm this decision in writing because "we did disclose the fact we were on benefits when asked."

[blacksheep1979]

Ok the long and short of it is you can't sue anyone, you aren't due any compensation. But they should give you your deposit back. I would give a formal warning stating that you intend to chase the matter through the small claims court if they do not return the deposit, also if the agency is a member of ARLA then you could report them to them.

[direct2000]

Thanks. I did it on 13/03/07. The agency is not a member of ARLA.

 

"Dear Sir or Madam,

RE: Refund of holding deposit £250, 100 Arran Road, SE6 2NN

I am writing to complain about bad services which I have received in your agency since 22/02/2007 and insist on a refund of the holding deposit.

At first, you have broken the Terms and Conditions for holding deposits as you showed this property twice after I paid holding deposit. However, two agents promised me not to do it.

Secondly, the Fee of Intent Letter for the holding deposit was not signed by me. The date written on was also wrong. Also Mr Kerim refused to state in writing why the landlord/agency decides to keep my holding deposit and constantly refused me to give his or his manager's surname, to let to speak to the manager or to make an appointment to the manager.

In fact, we are looking 3 bed house in Bellingham area since October 2006, your agents showed me many houses and I always told them that I am not working, receive housing benefit and can pay 6 month rent in advance if necessary. Also my references were successful in two agencies in last two months. This house appeared on Internet since the middle of January 2007 (where it is and was not showed that the landlord does not accept Housing Benefit-copy enclosed) but was not available for viewing. During this period I asked the landlord many questions through the agency. The landlord promised to accept minimum of £1100 pcm and 6 months in advance because I was not working and my family receives housing benefits.

Finally, if I do not receive an entire holding deposit £250 I will complain to the small claims court, ADR, trading standards agency and ombudsman for compensation for the actual financial loss.

You must contact me within 7 days to avoid paying additional charges and legal fees.

Please do not underestimate the seriousness of this matter. It is your best interest to pay in full.

Yours faithfully,"

[direct2000]

The Result:

-visited CAB and a soliciter

-sent a letter to the agency to give 10 days for reply

-made a claim to the Small Claim Court

-received a notice from the court and on the same day the agency paid me (and to another family too) back 250 pounds

[MrShed]

Good result!

[lost_in_debt]

Help needed! - we've recently vacated our flat (there were 4 of us living there) and the deposit has been released from DPS over a month ago to one of the other tenants. And now they are refusing to pay me my share of the deposit? What are my options?

Thanks!