[Hakeem]

I recently payed a large sum of deposit to an agent and we agreed verbally that i pay the remaining at the end of the month. I was made to sign the tenancy agreement, but was refused a copy until i submitted the rest of the deposit plus 1st month's rent in advance. Additionally, i had never been given keys to the property either.
By the time i got back to the agent with the rest of the payments, they told me they had already given the place away and were not going to return any of the deposit i payed. Are they allowed to do this? Is this not a breech of the tenancy agreement? Somebody please shed some light on this matter, because im new to the renting field and need to know what rights i have against the agent.

[Bluey]

Contact Shelter who will give you free expert advice.

My amateur understanding is a tenancy is valid when signed by both parties and the consideration (deposit/rent) has been paid and cleared but you'd best check that with an expert.

Sounds to me like you just paid a holding deposit - what were the terms of this - were you given anything in writing on this?

[Hakeem]

If it was a holding deposit that i payed, then am i not entitled to have that back in full as i didn't pull out the negotiation, they simply accepted to rent the place to sombody else and didn't let me know until i called to complete the payment.
I am unable to state anything in writing because they refused up till now, to give me my signed copy of the tenency agreement. To my understanding, the money i payed upfront was a fraction of the deposit and not a holding deposit. Also, since we had jointly signed the tenancy agreement, were they not suppose to allow me into the flat and is it not that they're breaching the contract by giving the place to another tenant just 21days after i've signed.

I have tried to contact shelter about this issue, but they're impossible to reach. Your view however amatuer it is, would be more than welcome believe me!

[Bluey]

My understanding is that a contract is not valid until both parties sign.

A fraction of a deposit sounds like a holding deposit to me, though good agents would let you know the terms and conditions of its return. What were the results of the tenant checks (employer and previous landlord references, credit check) - did you fail this?

"If you find a property you like, the agency may charge a holding deposit while they take up references. This should be deducted from the amount of rent in advance or deposit you pay once your references come through. The agency might ask for references from your employer, bank and/or previous landlord.

If you don't move into the property you may lose the holding deposit. If you think the agency has unfairly kept your money get advice. You might be able to claim it back in the county court."

http://england.shelter.org.uk/get_advice/finding_a_place_to_live/renting_privately/letting_agencies

http://www.landlordzone.co.uk/deposits.htm

You are best speaking to Shelter or your local Citizens Advice Bureau to find out your legal position and how to get your money back. Shelter have an email service and some local offices.

[mutley1]

[Hakeem]

I paid 1500pounds and i had approximatly 600pounds more to complete the 1months rent and deposit. They were fine with this and agreed a month for me to include the rest in the second month's rent. This wasn't a holding deposit, the holding deposit was 500pounds. They've simply made me pay rent and deposit for a place i haven't even stepped in for 5minutes. Now they're offering me another place, but im insisting that i recieve my money back, as i signed for a particular address. Surley, they cant just give the place away whilst im supposingly under contract and then offer me the ultimatum of "another property or no money back!"

Surley this is both moraly and legally wrong!

[Hakeem]

In reply to mutley;

They had agreed more than 21days and if that was too long, should they not have warned me of the consiquences before leading me to sign the tenancy agreement?

I came back before the deadline we agreed to complete negotiating the property. I DIDN'T come back to refuse the property!

[mutley1]

In that case you will need to take out a small claims case against them. You need proof that you paid them.

It was a bad idea to hand over money without a receipt.

[Bluey]

I say get advice from an expert, such as CAB, consumer direct or Shelter.

For example, it is fairly common for a person raising a small claims case to have to raise it against the landlord, not the agent, as agents represent the landlord and the legal relationship is actually between landlord and tenant (agent is irrelevant).

But in this instance, it could be awkward proving that payment was made against a particular property (since there is no AST) so perhaps the OP might be instructed to take the agent to court for its return (or both, with one as co-defendent).

This is why complex issues are best taken up with experts.

[mutley1]

[Bluey]

No, it's a bad idea for a landlord or their agent to sign an AST before the entire funds for the deposit and first months rent has cleared...

The forums on Landlordzone have housing solicitors, experienced agents and landlords as members, btw.

[Hakeem]

Thnx for the advice guys, i've made a few challenges to the agents in recent days but they dont respond back only until i go there myself. They only seem to offer me the ultimatum of, 'either you accept another one of our properties or you dont get your money back'.