staffs Mike

Ive just last week payed a deposit and signed an agreement for a student house next year. The guy we are renting off has asked for a guarantor which is going to be my dad but he hasn't signed the argreement to be it (thank god).
Having spoken to an advisor today the house seems a bit dodgy and i really do want to pull out.
Where do i stand on getting the deposit back when i call this guy later. If we all pull out do we get our deposits back or is this guy in a position where he can keep it.

Any help appreciated.

Phil

It depends what is in the agreement!

Also I would guess whether he can get another tenant

staffs Mike

This is the part of the agreement about the deposit.

DEPOSIT:
(a) £750 payable on the 21st day January 2005 such to be retained by the Landlord as security for performance of the Tenant's obligations and to be repayable to the Tenant only after the end of the Tenancy and after deduction therefrom of any sums required to compensate the Landlord whether wholly or in part for any breach of obligation on the Tenant's part.
(b) Where the Tenant comprises more than one person the deposit may be repaid to any one or more of such persons and such repayment shall discharge the Landlord from any further liability.
(c) If at any time during the Tenancy (whether by reason of any deduction made by the Landlord or for any other reason) the amount held by the Landlord in respect of the deposit is less than £750 the Tenant will be required to pay to the Landlord such amount as is required to increase the amount of the deposit to the full amount and such amount shall be paid by the Tenant within 14 days of a written demand for the same being sent to him.

Soulgirl

Plan A)Check the agreement as stated... (oh, you just posted the answer to that one LOL) the deposit is usually against the inventory of the property or non-payment of rent.

Plan B) Do your homework first then go to the Landlord with a sob story about not making the grades to be accepted for the course you intended to start.... cry down the phone if you have to

What's dodgy about the property then?

New_scooby_04

iTrader: (4)

Hi mate,

1) always look at a house throughly before you sign anything
2) Ask to see landlords safety certificates gas, electricity etc...
3) Don't sign an agreement that doesn't give you a "get out clause" What if you have to leave uni, do you want your dad to be responsible for a years worth of rent?

If you haven't moved in then, subject to the terms of the contract then you should be able to reclaim your money, deposits are usually returnable. If the landlord does not have the appropriate certification, then the contract is most likely null and void and you should demand your money back. Go and see the accommodation people at uni for advice first. They may well back you up and have further advice.

Best wishes,

staffs Mike

Yeah i saw the accomodation people earlier and they told me about all the certificates etc...

The guy hasn't re-regesitered his details with the uni and the house I would be in has never been registered so the adviser was a bit suspicious. Plus he is over charging compared to other houses in the area.

It was a stupid mistake to make i know, but when your young you can make stupid mistakes. I have certainly learned from this one.

Another question, Should i have a signed copy of the agreement? and What are your thoughts on paying by post dated cheques?

Jap2Scrap

Well post dated cheques are technically illegal under any circumstances so if you've done that then cancel it.

By illegal I mean not legally binding rather than plod is going to come knocking at your door.

RichardSimpson2004

Where are you renting?

If its a high demand area like Leeds, I would have thought it would be reasonable for the landlord to be able to fill the house for next year - it is still January and not like you are pulling out a week before move in.

Stueyb

Be very very careful. Most landlords I had an uni seem to view your deposit as a little cash bonus. At least mine did although when we left it was in a better state than when we moved in!

Also seems a bit dodgy "hasnt reregistered" hmmmm sound sus to me

staffs Mike

thanks for all your help but i need a little more.

the agreement that i have signed is signed by me and my two mates as well as this guy and his wife(the landlord). We were not given a copy of the signed contract the only copy i have has typed signitures just to show who signed where etc....

Now i did not witness the signitures of either this guy or his wife and so does this mean the agreement is worthless or is it just a technicality?

New_scooby_04

iTrader: (4)

You should have a copy, but that's prob not grounds for getting out of the contract. Basically , if the landlord required a signature from someone (i.e. your dad) who would foot the bill in case you bailed then if they don't get that they are most likely to declare the contract null and void themselves. If it is a condition of tennancy then the contract is not valid yet. Just make sure your dad doesn't sign!

Best wishes,

Soulgirl

Give the Citizens Advice Bureau a call, they have solicitors on had to answer these types of query... worth a go, and they're free

After all, landlords are in it for one thing... money... and they don't care how they get it.