Estate agent help

[katie_lou]

Hi all

Looking for some help .

I currently rent a two bed property , when we viewed this property we were told we had to pay a £100 holding fee to secure and to take it off property website as being up for let . We paid this fee and a week later signed a tendency agreement , however a friend has now told me if u pay a holding fee and move into the property ur holding fee should be refunded or it should be deduced from ur first months rent . None of this has been done , should they refunded my 100 pound .

Also we are looking at leaving the property as there is a horrible family about 3 doors down and I dont want my daughter growing up Round people like that . I have just checked out tendency agreement and the landlord hasn't even signed it . Does this make the agreement valid . For expame the agreement if or 6 months as its not signed by him could I just leave before then as I don't see it as being valid .

Any help y can give would be great . Thanks girls x

 

[katie_lou]

Sorry for typos in my iPhone iv got fat fingers x

 

[babyem]

As far as I'm aware it isn't refundable, only the deposit is refundable upon leaving the property x

 

[Titch85]

I didn't get my holding deposit back, I didn't even consider it.

My agreement was for a year, but as long as I gave a months notice I could leave at anytime?

 

[Kayelle]

I would ask citizens advice about contract, hope you can move sooner!

 

[katie_lou]

I would ask citizens advice about contract, hope you can move sooner!

I hate the road where we live the family who live a few doors down are scum , you should her the language out of her kids x

 

[Kayelle]

Hate families like that, do they have no self respect? Don't blame you for wanting to move! X

 

[Lolly85x]

I'd check with citizens advice, make sure you 100% know your rights as you don't want to owe them anymore money.
I agree with you about moving from disruptive families. If you can it's for the best. Shame you have to do that tho, but if you don't want them mixing with your kids it's understandable!xxx

 

[monkeynut]

You should have had a receipt and terms etc for what the holding deposit is for. Any property that I have placed a holding deposit for has always had that amount deducted from the first rent.

As for tenancy, although not signed I believe as you are in residence in the property you wll fall under an assured shorthold tenancy, which means that you will have to give two months notice of vacating the property.

www.landlordzone.co.uk is a fantastic website and they will probably be able to help you more on their forum.

 

[katie_lou]

You should have had a receipt and terms etc for what the holding deposit is for. Any property that I have placed a holding deposit for has always had that amount deducted from the first rent.

As for tenancy, although not signed I believe as you are in residence in the property you wll fall under an assured shorthold tenancy, which means that you will have to give two months notice of vacating the property.

www.landlordzone.co.uk is a fantastic website and they will probably be able to help you more on their forum.

We got no terms and no receipt either . That's for the link to the site am going to have a look later on my laptop xxx

 

[Franna75]

I think you should definitely get your holding deposit back. How long have you been there? Most short term tenancy agreements have a six month break clause, so after six months you only have to give a months notice.

Its probably a good idea to talk to your landlord and explain the problem. If you have moved recently then the estate agent may remarket the property if its within three months.

 

[specialmami]

Hi,
I can help you with this.

Unfortunately the holding deposit is not refundable also known as a set up fee this should have been stated by the agent prior to payment. However, if you dont have this in writing ie not refundable you can argue this matter and they will have to refund you that money. Now, what is refundable at the end of the tenancy is the security deposit which is usually a month and a halfs rent is what should have been charged.

In regards to your 6 month contract the agreement is still valid as you signed it therefore it means u read the T&C's and were in agreement. You can move before your contract end date but will still have to give a months notice to your landlord. Please note the legal requirement for a tenant to give a landlord is one months notice but if the tenancy agreement says for example 2 months notice u signed it so u will have to give the stated months notice. Also important to be aware if you end your tenancy before the contract end date you will still be liable to pay rent until the end of the contract.

PM if you need more information

 

[PyscoFalcon]

Hiya after the 6 months you'll only need to give 1 months notice to vacate the property unless you signed a longer vacating period.

Landlords however by law have to give 2 months by law to evict people if the people haven't broken any contracts.

We only know this as the last place we rented, out of the blue told us, bugger off we want to sell! Went to citizans advice and was told we've done everything in contract including looking after the property so by law they owe us 2 months to find somewhere (very hard without pets never mind with them)
Landlord tried to disput it and lost. Needless to say we only just managed to find somewhere that accepted pets in time.

Been here 4 years now as really hard to find somewhere that accepts pets away from chavy areas.

 

[katie_lou]

Hi,
I can help you with this.

Unfortunately the holding deposit is not refundable also known as a set up fee this should have been stated by the agent prior to payment. However, if you dont have this in writing ie not refundable you can argue this matter and they will have to refund you that money. Now, what is refundable at the end of the tenancy is the security deposit which is usually a month and a halfs rent is what should have been charged.

In regards to your 6 month contract the agreement is still valid as you signed it therefore it means u read the T&C's and were in agreement. You can move before your contract end date but will still have to give a months notice to your landlord. Please note the legal requirement for a tenant to give a landlord is one months notice but if the tenancy agreement says for example 2 months notice u signed it so u will have to give the stated months notice. Also important to be aware if you end your tenancy before the contract end date you will still be liable to pay rent until the end of the contract.

PM if you need more information

Thanks for this Hun it's been really helpful, we have nothing in writing at all about the holding fee , so do you think there is a chance we could get it back x

 

[specialmami]

Thanks for this Hun it's been really helpful, we have nothing in writing at all about the holding fee , so do you think there is a chance we could get it back x[/QUOTE]

If it's not in writing anywhere then you may be able to. Anything that isn't in writing can be argued.

However, this will depend on the type of estate agent you are dealing with. Some even without having reason wont give in to tenants (poor excuse for agents in my opinion). In which case you will have a struggle.

If they do refuse to give you the holding fee which I suspect they will. You can argue that they weren't thorough enough with their job and failed to inform you that these monies were non refundable, leading you to believe it would be returned at the end of the tenancy, and this is what you continue to expect to happen.
Before you do this, read all the documents and paperwork they have provided you with from the get go as it may be written somewhere that the money is non-refundable.

Also if this was verbally communicated to you and is on there records as having been verbally communicated you wont have grounds for 'arguement', as this will still be binding.

Given that this money is usually non refundable I think you'll find yourself in a bit of a struggle getting it back even if they did make the error of not stating this.

Remember, all agencies work different and given that some of that holding fee will also go towards there comission they'll fight hard not to give it back even if they are at fault. If they didn't deduct that amount from your first month's rent then they probably have no intention of refunding it.

I'm lingering onto the bit of hope that this agency refunds the holding fee and just forgot to deduct it for you. Hope you manage to get everything dealt with.

 

[katie_lou]

I got my 100 back , I rang and they said it should have been knocked off my first months rent . As it wasn't it's being refunded xxx

 

[Kayelle]

That's great!

 

[katie_lou]

I know am so happy , the person I spoke said he could not understand why it just had not been taken off my first months rent but am happy as its a 100 to put towards my deposit on a new house we want to rent xxx

 

[Kayelle]

Have you found somewhere?

 

[katie_lou]

Yep I went to view it in Sunday and I feel in love lol x