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Changing my mind about HMO agreement - need any useful advice
Former Member
Posts: 1,875,648 The Mix Honorary Guru
Hi
I had signed up to a HMO agreement back in April 16 and paid the letting agent fee and Deposit - without seeing the property completely and going on the recommendation of the other 3 guys I would have been sharing with - however, due to change in circumstances I needed to find another letting in another location and therefore I changed my mind. I informed the Landlord and Letting Agent and was told that I had to find another person to replace me in the agreement. The Landlord proved difficult and would not send any photos so that I could advertise the place. Eventually one of the other guys managed to find someone to take over my place in the agreement and they moved in (firstly without signing the contract) and now they have signed the contract I have asked for my deposit back. The letting agents say they do not have my deposit and having had a text of the Landlord they say they will " review payment and my deposit return" in a couple of day and that the agency is not dealing the this now ad they hold the extra funds from the new tentant"! - what does this mean - that they will not return my deposit? What rights do I have? Isn't it illegal to have someone live in the house without signing the contract and since they have know that I would not be living in the house as I notified them by email back in June - 3 months before the agreement was to commence shouldn't they have return my deposit as soon as the new tenant signed the contract? - any advice....
I had signed up to a HMO agreement back in April 16 and paid the letting agent fee and Deposit - without seeing the property completely and going on the recommendation of the other 3 guys I would have been sharing with - however, due to change in circumstances I needed to find another letting in another location and therefore I changed my mind. I informed the Landlord and Letting Agent and was told that I had to find another person to replace me in the agreement. The Landlord proved difficult and would not send any photos so that I could advertise the place. Eventually one of the other guys managed to find someone to take over my place in the agreement and they moved in (firstly without signing the contract) and now they have signed the contract I have asked for my deposit back. The letting agents say they do not have my deposit and having had a text of the Landlord they say they will " review payment and my deposit return" in a couple of day and that the agency is not dealing the this now ad they hold the extra funds from the new tentant"! - what does this mean - that they will not return my deposit? What rights do I have? Isn't it illegal to have someone live in the house without signing the contract and since they have know that I would not be living in the house as I notified them by email back in June - 3 months before the agreement was to commence shouldn't they have return my deposit as soon as the new tenant signed the contract? - any advice....
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Comments
When you signed your contract can you remember whether your deposit was placed with the Deposit Protection Service, or any other safeguarding agency? If so, you may be able to claim it back that way.
What does your contract say about exiting the property? If you feel you have met the conditions stipulated then you may be able to appeal on those grounds.
I would also consider talking to either the Citizens Advice Bureau (https://www.citizensadvice.org.uk) or Shelter (www.shelter.org.uk) who will be able to give you advice tailored to you personally - and be able to let you know the next best course of action.