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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70213
Experience:  Over 5 years in practice.
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I am renting a property I went to the estate agent and I signed

Resolved Question:

I am renting a property
I went to the estate agent and I signed a couple of documents as to the property I want.
They made me sign a paper with the debit card details to withdraw 300 for the application.
I am thinking of changing my mind on the property.
I didn't provide any references yet.
Can I just change my mind on the property without serving any penalty?. If I withdraw the money from the account so they cannot withdraw the 300 pounds would that be a default on payment? what can I do to go out of the agreement? just call them and tell them I dont want the property?
Submitted: 2 years ago.
Category: Property Law
Expert:  Remus2004 replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
When are you due to move in?
Customer: replied 2 years ago.

someday next week, not decided as I didn't finish my refrence.

Expert:  Remus2004 replied 2 years ago.
Thanks.
That is bad news I'm afraid.
If you have signed a contract to move in next week then you are locked in. If you do cancel, and this is an AST, then you are liable for the remaining months due under the contract although the landlord is under a duty to mitigate his loss by seeking another tenant and he will not get forever to do that. Probably he would be able to replace you within a month and then you would only be liable for one month's rent. In truth, they would probably just be entitled to keep your deposit.
Of course, if you do cancel then they may refund the deposit. Agents do sometimes. If they dig their heels in though then they are free to do that I'm afraid.
I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.
Hope this helps. Please let me know if you need more information.
Jo
Customer: replied 2 years ago.

the 300 was the application form, the deposit is 1,500 which i have not signed the document to permit its withdrawal yet,, also they told me there will be a washing machine in place and there isn't yet. there was no definate date of moving in. but i signed quite a few documents, can there be a valid contract even if there was no refrencing done yet?

Expert:  Remus2004 replied 2 years ago.
Yes, the contract is reached when you agree even verbally. It might well be conditional from their side upon good references but that doesn't give you an escape route.
The absence of a washing machine a ground to demand a washing machine not to refuse to move in I'm afraid.
Customer: replied 2 years ago.

Sorry for asking as i am confused, does the below mean i signed a contract or just an application?

Application for a new tenancy

We recently received your application regarding a new tenancy agreement for:

xxxxxxxxxxxxxxx Road
WALLINGTON
SM6 0AN

Completing your reference

The next step is your reference, which will be carried out by HomeLet.

So this can be done, please can you do the following:



  1. Complete the reference form online. .

  2. Print and sign the relevant consent form below.


Consent forms

The consent form confirms you’re OK for your referees to provide HomeLet with information for your reference. Your referees may ask to see your consent, so if we don’t have the form, it may delay the reference.

If you’ve already signed a consent form you don’t need to do this again. Below are links to HomeLet’s consent forms:



If you haven’t already signed a consent form you can simply scan it, attach it to your application and submit all the information online. HomeLet will provide instructions for you when you’re completing the form online, if you’re unsure how to do this.

Please can you also send a signed copy of your scanned or printed consent form to us for our records.

Thank you for taking time to do this.

Kind regards,

Expert:  Remus2004 replied 2 years ago.
If that is all you signed then that is just an application which you can withdraw although that isn't very consistent with paying the deposit?
You might lose the price of the checking of the references.
Remus2004 and other Property Law Specialists are ready to help you

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