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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Two weeks ago, I paid a letting agent a £400 holding

Resolved Question:

Hi,
Two weeks ago, I paid a letting agent a £400 holding deposit for an apartment, with an agreed entry date of Sat 6th June. I jumped through every hoop with respect to references for both myself and my partner and passed satisfactorily. We have both given notice to our respective landlords and have booked removals van etc.
Got a call this afternoon from the estate agent, advising me that another agent had come in to the office requesting the keys to the apartment, as they had a tenant 'moving in tomorrow'. The agent says that they and I dont have a leg to stand on. I dont agree and want to know if I can get an injunction tonight or first thing tomorrow to stop the other party moving in, until I get legal advice as to what I should do.
Thank you
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
For now please let me know if you signed any tenancy agreement?
Customer: replied 1 year ago.

No I have not signed a tenancy agreement. I note that you responded at 14.38, Alex, but I never received an email notification?

Expert:  Ash replied 1 year ago.
Its bad news I am afraid, this means that you can't make the Landlord sign the tenancy agreement. This is because agreements like this are subject to contract, that is either one can pull out at any time before it it signed.
However you are entitled to a full refund of ALL monies paid to the agents.
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.
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.
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.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
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.
Can I clarify anything for you about this today please?
Customer: replied 1 year ago.

My understanding is that a Holding Deposit held by the Landlord or his Agent is a binding agreement, providing that the references are all approved. The references have all been certified by the agents, independent reference administrator (Paragon)

Expert:  Ash replied 1 year ago.
Sadly not. Until there is a signed contract, either party can pull out. I am sorry.
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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