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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Tenancy Agreement Enquiry I recently took out a joint tenancy

Resolved Question:

Tenancy Agreement Enquiry
I recently took out a joint tenancy for myself and daughter. My house sale fell through so I went to see the letting agents yesterday to advise them of this. They very kindly agreed to redo the documents in my daughter's name only as she more than qualifies on her own. She is now having second thoughts and I would like to understand our legal position before I go back to the agents.
No documents have yet been signed by us as yet. However we have paid a total of £3500 to the agents (£2,100 deposit and £1,400 rent in advance). The tenancy was due to start on 6 January and the agents advise that they have paid the landlords the £1400 rent. I did say I would like my deposit back and they were liaising with the DPS to try and arrange this.
I look forward to hearing from you.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Just to be clear the Landlord and you havent signed a tenancy agreement?
Customer: replied 1 year ago.
No we haven't.
Expert:  Ash replied 1 year ago.
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.
Alex
Can I clarify anything for you about this today please?
Customer: replied 1 year ago.
Am I correct in understanding that as we have not signed any of the documentation (including terms of business and AST) to date, we have not yet legally committed to the tenancy? Or have we created a form of binding contract by sending over rent/deposit monies in good faith, before contracts had been signed?In my view, the managing agent should simply return funds (less non-refundable reference check/admin fee) and continue marketing the rental for their client. My question is simply do they have an obligation to refund full amount?
Expert:  Ash replied 1 year ago.
Correct. Either party can pull out at any time before the contracts are signed which would be both by tenant and the Landlord.
Does that help?
Alex
Customer: replied 1 year ago.
Yes, thank you very much.
Expert:  Ash replied 1 year ago.
Good luck.
Alex
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