Forced to accept conditions of letting contract or lose holding deposit

[just_say_no]

Hi All,

 

I was wondering if anyone had any experience with this particular situation a close friend of mine is in with a frightful Trunchbull of a LA.

 

She found a flat that she really liked, and was told that if she wanted to secure it, she would need to leave a holding deposit of £200 that would part pay for the actual deposit when she took up the tenancy.

 

It was made clear in writing that if she pulled out of taking up the letting she would lose this holding deposit and if the landlord pulled out she would get it back, no problem she thought I definitely want this flat I'm not going to pull out. So she paid a holding deposit.

 

At the next meeting the LA then produced the agreement that they insisted could not be changed (I became involved at this point to help her) when we tried to discuss the actual issues my friend was not comfortable with she was questioned as to if she actually wanted the let and if she wanted to pull out. and again refused to give any specific answer to our questions, continuing to question if she had the money to take up the agreement and asking if we wanted to pull out in a very forceful rude manner, the LA continuing to refuse to answer our questions or considering a modification of terms we were unhappy with.

 

Our main concern was that as the contract states "at the conclusion of the tenancy the tenant will be responsible for having the property professionally cleaned including carpets and curtains. Such cleaning to be carried out by a professional company appointed by the Landlord or the Landlord's Agent, a receipt will be provided confirming this cleaning has been carried out."

 

Eventually the LA did (claim to) contact the LL who refused to modify the above clause to along the lines of "leaving the property in a professional cleaned state" (words to that effect)

 

Guide costs of cleaning from their contractors previous occupancies were refused to be provided by LA

 

Pressured into not wanting to lose her holding deposit she accepted the terms as it was very close to the end of her other let.

 

She is about to come to the end of her tenancy, and is concerned about the condition above might resulting in some large bill she has to pay that she feels she has little control over.

 

Assume she will leave the property in a very clean state anyway (as she has always done with other lets) Can she defer this clause in the agreement which I feel she was initally misguided in to putting up collateral against which as a result forced her into accepting the contract.

 

This woman has left me so vexed I'm inclined to report her and her companies behaviour to any governing body that will listen.

 

It's a real shame things went this way, can anyone offer any advice as to how to approach the potential enforcement of what I feel are unfair terms?

[Steve__M]

Have a look at this that suggests that the contract term would be regarded as being unfair.

 

http://www.oft.gov.uk/shared_oft/reports/unfair_contract_terms/oft356.pdf

 

I suggest writing a letter stating that you believe the term is unfair in accordance with OFT guidelines. Further that this term was not disclosed until a non-refundable fee had been paid which means that it was not a fair negotiation.

 

You should indicate that you will contest the claim either in court or through the deposit protection scheme arbitration system.

[raydetinu]

that would taken as an unfair term and condition without any cost attached to it, so you cant decide if it was fair or not.

Therefore if they wish to deduct high costs for this from the deposit you can raise a dispute with the deposit scheme or take LL to court.