Tenancy changed to 2 months holiday rental but still paid holding deposit?

8:51 AM, 24th November 2015, 11 years ago 3

Less than a month before moving into a one year rental property, the landlady changed her mind and only wanted to offer a holiday rental of 2 months.swag

I had paid £400 holding deposit to the agent for the one year rental and all the references had been completed. As I had nowhere else to go, and risked becoming homeless, I accepted the 2 months holiday rental. I told the agent I wasn’t happy and would be looking for another one year rental, but I was running out of time and it seemed as if I had no other option.

The agent said that the holding deposit would now go to the landlady and not be held by the agency.

However, 4 days before I was due to move, I found another property. I informed the agent that I no longer needed the original place and moved in to the new property.

When I requested my deposit back the agent refused.

As the original agreement had been changed by the landlady, I feel I am owed some or all of my money back.

Many thanks

Fiona


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  • Member Since February 2011 - Comments: 3462 - Articles: 286

    8:53 AM, 24th November 2015, About 11 years ago

    Hi Fiona,

    Check very carefully the agreement you signed for the holding deposit.

    If it was clearly for a 6 or 12 month AST I would want all my money back and if not complain to The Property Ombudsman.

  • Member Since August 2013 - Comments: 883

    9:57 AM, 24th November 2015, About 11 years ago

    Whilst the landlady wished to change the original agreement, you agreed to the change. Therefore I don’t think that this is relevant to any claim you might have to your holding deposit.

    You agreed to rent on certain terms and changed your mind only 4 days before moving in. That certainly caused the landlady to lose rent and it was probably agreed that you would lose the holding deposit in these circumstances.

  • Member Since August 2015 - Comments: 79

    10:19 AM, 24th November 2015, About 11 years ago

    Change of contract, end of story, she needs to return your deposit.