Long Term Rental Deposit Query

jamjar · February 12, 2016, 11:58:42 AM

We paid a "deposit" a few months ago to "secure" a 3 month rental on a property starting in a couple of months time. We no longer wish to rent this property and despite not having signed a contract or any other paperwork as it has all been via email we have been told by the letting agent that we are not entitled to a refund of our deposit. Are they legally allowed to keep our money??

Windermeregolfer · February 12, 2016, 23:37:41 PM

Hi gizmo17 as a retired hotelier I have some experience of deposits.

Without seeing the exchange of emails between you and the agents and any terms and conditions on their website that you may have made your enquiry and booking through I wouldn't like to say yes or no as whether they can keep your deposit.

Check whether there were date sensitive points before your arrival date to see if the deposit became non refundable i.e.90 days or 60 days etc.

Hope that helps for starters.

SheilaW · February 13, 2016, 17:39:25 PM

Did you pay it to the owner or an agent? I don't know if it makes a difference. However, there have been stories of agents wanting finders' fees - some crazy amounts too.

jamjar · February 14, 2016, 09:44:42 AM

Quote from: Windermeregolfer on February 12, 2016, 23:37:41 PM
Hi gizmo17 as a retired hotelier I have some experience of deposits.

Without seeing the exchange of emails between you and the agents and any terms and conditions on their website that you may have made your enquiry and booking through I wouldn't like to say yes or no as whether they can keep your deposit.

Check whether there were date sensitive points before your arrival date to see if the deposit became non refundable i.e.90 days or 60 days etc.

Hope that helps for starters.

I cannot see any terms and conditions on the website, and nothing to suggest that the deposit would become non refundable.

The email exchange between myself and the letting agent was very simply we would like to secure a 3 month rental, is it available, what do we need to do etc and the reply said that they would "reserve" the property for 3 months for a deposit equal to one months rental. Thats it, no contract or any other paperwork.

Archer · February 14, 2016, 10:40:28 AM

Ask them for the official goverment complaint form. That may change their attitude.

Windermeregolfer · February 14, 2016, 11:17:41 AM

I cannot see any terms and conditions on the website, and nothing to suggest that the deposit would become non refundable.

The email exchange between myself and the letting agent was very simply we would like to secure a 3 month rental, is it available, what do we need to do etc and the reply said that they would "reserve" the property for 3 months for a deposit equal to one months rental. Thats it, no contract or any other paperwork.

Hi Gizmo17 - I do like archers suggestion.

Did you make the initial enquiry through the agent website and was there a small tick box to say agree with their T&Cs?

Another thing is that you could do with knowing is if they subsequently let the property for the dates you were booked for, if they do then there is no loss of income / profit apart from a small admin fee and in the UK, Hotel / B&B wise it has been proved that the deposit should be refunded less a small admin fee unless there were other T&Cs in place and accepted as part of the confirmation.

Cheers

jamjar · February 15, 2016, 07:50:44 AM

Quote from: Windermeregolfer on February 14, 2016, 11:17:41 AM

Did you make the initial enquiry through the agent website and was there a small tick box to say agree with their T&Cs?

Another thing is that you could do with knowing is if they subsequently let the property for the dates you were booked for, if they do then there is no loss of income / profit apart from a small admin fee and in the UK, Hotel / B&B wise it has been proved that the deposit should be refunded less a small admin fee unless there were other T&Cs in place and accepted as part of the confirmation.

Cheers

Yes the enquiry was via the agents website and there are no t&c mentioned nor tick boxes. The property is being readvertised currently and the moment it shows as let I will be onto them again.

Cheers

jamjar · February 15, 2016, 07:53:27 AM

Quote from: archer101 on February 14, 2016, 10:40:28 AM
Ask them for the official goverment complaint form. That may change their attitude.

Thanks archer101 i'll give it a shot though they are ignoring my emails. There response has been that the deposit is a guarantee for the owners, and that is how long term rentals work.

Chris1965 · February 15, 2016, 22:18:26 PM

Who is the agent?

jamjar · February 16, 2016, 07:14:03 AM

Quote from: Chris1965 on February 15, 2016, 22:18:26 PM
Who is the agent?

Does it matter who is the agent??

Deso · February 16, 2016, 18:10:26 PM

Quote from: gizmo17 on February 16, 2016, 07:14:03 AM
Quote from: Chris1965 on February 15, 2016, 22:18:26 PM
Who is the agent?
Does it matter who is the agent??

It may help other unwary renters to avoid such problems.
There are too many people chasing too few rentals and some are taking advantage of the fact it seems.

jamjar · February 26, 2016, 20:09:22 PM

Quote from: Deso on February 16, 2016, 18:10:26 PM
Quote from: gizmo17 on February 16, 2016, 07:14:03 AM
Quote from: Chris1965 on February 15, 2016, 22:18:26 PM
Who is the agent?
Does it matter who is the agent??

It may help other unwary renters to avoid such problems.
There are too many people chasing too few rentals and some are taking advantage of the fact it seems.

Our case might be a one off incident with this agent so I will not name them as I would not want other potential renters to be put off.

Just also like to comment that some agents are charging what appear to be over the top fees for arranging rentals, but realise that it is a simple case of economics, they can because long term rentals are scarce..........we were happy to pay our agent a high fee recently to secure a 12 month rental of a property as it ticks almost all our boxes......and I wont be admitting how much so dont ask