I came across a property listed on Openrent that had a minimum term of 2 months. After a viewing, I found everything to be perfect, so I made a holding deposit. However, in the contract provided by the landlord, they asked for 2 months of advance rent with a 4-month break-in clause, which was not previously disclosed on Openrent.
Now, my money is blocked, and despite my attempts to contact the landlord to cancel or revise the contract, they are not responding to my messages. Openrent has also been unable to assist, stating that the decision to refund the holding deposit lies solely with the landlord. It has now been 5 days of trying to reach the landlord, and I am forced to look for another property as I currently have no place to stay.
Could anyone please advise me on how I can retrieve my holding deposit in this situation?
This is rather odd. It’s quite hard to understand the situation based on what you have said. Are you trying to rent for just 2 months? Have you considered that the original 2 months minimum may have been a typo of 12 months.
No, this particular property is available for a minimum 2-month rental period as I have personally met the landlord. The landlord prefers to rent it out to someone who needs temporary accommodation. My intention was also to rent it temporarily until I find something that aligns with my preferences. Please take a look at the screenshot of the advertisement below for confirmation.
I suspect the 2 months is a typo in the advert, but that should be the landlords problem. If all is as you say, then you could contact the local Council Trading Standards office to report that the landlord is trying to retain a deposit in breach of the terms of the Tenant Fees Act 2019 (namely refusing to proceed with the tenancy advertised). They can take action against the landlord if ghey accept your claim. Alternatively you could write to the landlord stating that the tenancy being offered is not what was advertised and under consumer rights legislation you require the repayment of all funds paid to prevent further action being taken.
Despite my persistent efforts over the past few days, I have received no response from landlord. Due to this lack of response and the urgency of my situation, I had no choice but to seek alternative accommodation.
As a student, this situation is causing immense mental distress, making it difficult for me to focus on my studies.
I have requested the OpenRent team to assist in cancelling the contract and facilitate the refund of my hard-earned money (holding deposit) but Openrent support team is silent on this matter and asking to resolve directly with landlord.
