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Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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i have signed up a contract with Hart estate for a property

Customer Question

i have signed up a contract with Hart estate for a property they require moving in on 3rd Dec despite ignoring my choice of end of Dec. I have paid a security deposit of £300. Now they are telling if I don't move in by the 3rd i lose out the money. No references have been sent no credit checks have been done what policy states that i should lose out. What are my consumer right?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know if this is a rental property?

Alex Watts :

If so, why did you sign the agreement if you wanted a different start date?

JACUSTOMER-liqkri85- :

It is a rental property, the agent said for paperwork they would need to hold the house so she put 3rd Dec althought telling her I would move in end of Dec

Alex Watts :

Ok - well if you signed on 3rd December and that is what the contract states then sadly you are liable.

Alex Watts :

But it must be signed by you and the Landlord or on behalf of the Landlord.

Alex Watts :

If the contract is not then it is not a valid contract and you are not bound. There is no legal requirement for references or credit checks.

JACUSTOMER-liqkri85- :

so i just lose out £300 just like that

Alex Watts :

However if you dont move in on 3rd Dec then you don't lose the money - you are just liable for rent from 3rd Dec

Alex Watts :

They can't take the property off you

Alex Watts :

Or if you cancel the contract you lose £300 yes

Alex Watts :

This is because you signed a contract. If you did not want to be bound it should not have been signed.

Alex Watts :

However if the contract has not been signed by both parties, then it is not valid and not binding

JACUSTOMER-liqkri85- :

so it means they are just making money of people without giving the right infomation,

JACUSTOMER-liqkri85- :

why wasn't given a copy of the contract when i asked

Alex Watts :

If you signed the contract and it says 3rd Dec then you are bound.

Alex Watts :

But again, it needs to be signed by both parties to be binding

JACUSTOMER-liqkri85- :

i was told there might a compromise

Alex Watts :

If the contract is signed by both, then yes you would lose the £00

Alex Watts :

£300

Alex Watts :

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-liqkri85- :

what can you clarify this is all scams

JACUSTOMER-liqkri85- :

but i know in judgement that is the last £300 they will ever make in business

Alex Watts :

Yes indeed. You can of course report it to the property Ombudsman

Alex Watts :

http://www.tpos.co.uk/

Alex Watts :

You could also take them to Court if you wish, but you know my concerns.

Alex Watts :

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

Alex Watts :

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

Alex Watts :

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

Alex Watts :

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.

Alex Watts :

Can I clarify anything for you about this?

Alex Watts :

You have rated BAD SERVICE despite be giving you the legal answer and what to do to get your money back?

Alex Watts :

What else is it you want to know?