Didn’t sign within 15 days - lost flat?

We found a flat and put a holding deposit down. Only one of us had viewed, but we trusted her opinion. Completed referencing checks and started planning move in.

We then realised that the pictures for the flat as advertised online were of a different flat. We confronted the agency ans they denied, even though it was clearly a newer flat than the one we had put a holding deposit on. This is illegal, and we confirmed that with advertising standards agency.

We asked the landlord to consider updating the oven, to be inline with the pictures that were provided, as after a second viewing we could clearly see the pictures were not right. During this time we confirmed multiple times we were still interested in the flat and keen to sign. However the landlord refused to make any changes, and the agency denied any wrongdoing. At this point we had passed the 15 day period ans the landlord has now cancelled the contract.

We have repeatedly asked (essentially begged) for the contract to be re-issued, and stated how we have the agreed upfront rent and deposit ready. The agency haven’t heard from the landlord and it’s been over a week now, no word on the contract and no holding deposit back.

It’s 2 weeks from the move in date, we’re desperate for the flat, but hearing nothing back. Is there anything we can do that we haven’t already tried? I’m worried we have no legal standing so if we do lose the flat we can’t even take it to small claims and the landlord will keep our holding deposit. Any suggestions welcome!

I’m a bit confused. The photos misrepresent the condition of the flat. Why do you still want it? You requested that LL replace the oven and they refused. Do you still want it?
On one hand, you seem unhappy with the flat and say that the agency does illegal advertising. On the other, you say that you’re keen to rent it.
So, are the problems as big as to make a fuss about them? But not big enough to leave the flat?
It all signals different things to me.

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So you didn’t go in person the flat? Unfortunately I think you have lost your holding deposit and now a flat .
The current market is frenzied and the LL is in a good position and ,I know contracts and I bet the agent has a disclaimer in the picture!

Youre not going to get this flat now so find another quickly.

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