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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6034
Experience:  BA (Hons), PgDip, Practising Solicitor
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IF THE ESTATE AGENT REFUSES TO MAKE CHANGES IN THE AGREEMENT

Resolved Question:

IF THE ESTATE AGENT REFUSES TO MAKE CHANGES IN THE AGREEMENT IN WRITING SHOULD THE RENTING OF THE FLAT GO AHEAD OR THE WOULD BE TENANT BACK OUT OF THE DEAL EVEN IF A HOLDING DEPOSIT HAS BEEN PAID BY THE TENANT?
Submitted: 3 years ago.
Category: UK Property Law
Expert:  Thomas replied 3 years ago.

Hi,


Were the changes to the tenancy agreement agreed before or after the tenant paid the holding deposit?


Tom

Customer: replied 3 years ago.
THE DRAFT OF THE AGREEMENT WAS GIVEN AFTER THE HOLDING DEPOSIT WAS GIVEN SO THE TENANT GOT TO READ THE AGREEMENT TERMS AFTER PAYMENT.
Expert:  Thomas replied 3 years ago.

Okay, how do the terms differ following your verbal discussions?


Tom

Customer: replied 3 years ago.
SORRY I DIDN T QUITE GET YOUR QUESTION
Expert:  Thomas replied 3 years ago.

After you received the draft what changes in the terms of the tenancy agreement did you negotiate with the agent?

 

Which specific terms are in dispute/negotiation?


Tom

Customer: replied 3 years ago.
LIKE THE AGENT WAS TOLD TO SUPPLY CERTAIN FURNISHINGS WHICH WERE NOT THERE AND CERTAIN CLAUSES IN THE AGREEMENT WERE WORDED IN A CONFUSING MANNER WHICH IF NOT WRITTEN IN SIMPLE LANGUAGE COULD GO TO THE LANDLORDS FAVOUR.THERE WAS SOMETHING LIKE SUPERIOR LEASE MENTIONED WHICH HE WAS TOLD TO REMOVE FROM THE AGREEMENT AND ALSO THE ELECTRICAL APPLIANCES ARE NOT INSURED AND WILL BE REPAIRED AS AND WHEN NEEDED THE LANDLORD WILL PAY ONLY IF IT IS NORMAL WEAR AND TEAR BUT PROBABLY IF THERE IS A MAJOR REPAIR THE TENANT HAS TO PAY.THE APPLIANCES ARE NOT IN VERY GOOD CONDITION THOUGH.THANKS FOR YOUR PATIENCE.
Expert:  Thomas replied 3 years ago.

Hi,

 

You have a right to a property in repair which circumvents any provision to the contrary in the agreement, so the landlord cannot refuse to repair certain fundamental things in the property. Note this is different to the furnishings in the property.

 

If you viewed the property and certain furnishings were present but have now been taken away then you may have a case to resist the retention of the holding deposit by the landlord.

 

As to furnishings, you and landlord should attempt to agree a list of these and make sure you sign in writing what you agree.

 

If there are terms in the tenancy agreement that are inconsistent - ie reference to a superior lease where none exist - then they should be taken out but if they are not then a Court would just sever them from the tenancy agreement so that they have no effect on the tenancy agreement as a whole.


Go back to the agent, ask for clarity on the furnishings and for amendments to be made to the tenancy agreement, state that you presume it is only a word document and so not difficult to amend. If he gets difficult then say that you want the tenancy and are committed but will dispute the retention of the holding deposit on the basis that it was misrepresented to you.

 

Kind regards,

 

Tom

 

Customer: replied 3 years ago.
THANK YOU SO MUCH FOR YOU DETAILED REPLY .I APPRECIATE YOUR PATIENCE. THIS HAS BEEN OF GREAT HELP.IF THE AGENT SAYS THAT THE LANDLORD DOES N T AGREE TO SUPPLY THE FURNISHINGS AS REQUESTED AND DOES NOT MAKE CHANGES IN THE AGREEMENT THEN WHAT SHOULD BE DONE. CAN THE LANDLORD BE ASKED TO RETURN THE HOLDING DEPOSIT?
Expert:  Thomas replied 3 years ago.

Hi,

 

It depends on what was the understanding when you paid the holding deposit, if the agent marketed it to you either by stating that it came with the furnishings the landlord wishes to take or showed you the furnishing when you visited it then you may be able to resist the retention of the holding deposit. You would have to prove the understanding though and if the sum is not that high then it may not be wort litigating over and instead writing it off as a learning experience for future use.

 

If the above does not apply then the agent is probably entitled to retain the deposit.

 

Hope this clarifies, if so please click accept.


Tom

Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6034
Experience: BA (Hons), PgDip, Practising Solicitor
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