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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 5620
Experience:  Solicitor
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I have paid a rental company deposit and first months rental

Resolved Question:

I have paid a rental company deposit and first months rental then decided not to proceed with the tenancy. I have not signed a lease, only a holding agreement for £1000. They have not provided me a receipt and are stating they will withhold all my funds (over £4K) to cover costs of re advertising. Please can you advise my position?
Submitted: 1 year ago.
Category: Law
Expert:  Jamie-Law replied 1 year ago.

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

Just to be clear, you have not signed any agreement please?

Customer: replied 1 year ago.
I have not signed any tenancy agreement. The only thing I did sign was a holding agreement / hold amount of £1000, which I told them I was happy to forefeit. I have attached the hold agreement for review?
They have not given me a receipt and are holding the full amount of money I paid them even though I didn't sign the actual tenancy lease?
Thanks in advance,
Melissa
Expert:  Jamie-Law replied 1 year ago.

Sadly you will lose the holding amount of £1000 as you have signed a contract, but you are entitled to the balance.

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://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-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.
Can I clarify anything for you about this today please?

Customer: replied 1 year ago.
This is very helpful thank you. With regards ***** ***** to them to set our my losses / request a refund can you recommend a standard template I can use?Thanks again,
Melissa
Customer: replied 1 year ago.
Also can I ask, would I be taking this out against the letting company or the landlord they represent?
Expert:  Jamie-Law replied 1 year ago.

You just need to write and set out the agreement that they can only claim £1000 and you want the balance. If you paid the agent then it's them you claim from.

Does that clairfy?

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Customer: replied 1 year ago.
Excellent many thanks