Paid deposit but landlord won't give me keys

Tenant Discussion
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Hi, I need to move out of my current house by Wednesday, and I have found a new place and agreed to rent. I have even paid the deposit and sent the reference they asked, but the landlord is being slow in communication and we don’t even have a formal contract signed yet. But landlord insisted I can still move in by Tuesday.

I would like to know what is my rights here if landlord fails to hand me the key and I am forced to move out to a hotel or something?

Will landlord have to compensate or, he doesn’t need to cause there was no formal contract signed other than email demanding deposit and saying I can make plans to move in house is mine (the landlord been in the local news in the past - I would have thought this was a scam but he has a good public image at least)

Thank you.

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Hi @BlueWhale -

Can you confirm how you found this property and how you paid the holding deposit?

If it has all been done through OpenRent we can definitely take a look. If it’s all be done privately, then the more detail you can supply the better so the community can best advise you.

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Hi @Daz

I have found the room from SpareRoom, and after the viewing I was sent the following email (prior communication were through either SpareRoom or WhatsApp):

Please pay your deposit as outlined below for things to move quickly and secure the room. As soon as you have paid this into our accounts, my lettings manager, Miss xxx, will deliver this to the DPS. Please keep the email the DPS sends you safe, as it will have your repayment ID number, which you will need when you end your tenancy. Please read the instructions in this email carefully and ensure you understand them.

Xxx

RENTAL is xxxpm

DEPOSIT IS £600 - Please note that if you can get two references, your deposit will be £350 . If you can only get one reference, your deposit will be £450 . If you cannot get any references, you must pay a deposit of £600 . One reference must be from your current employer to state that you are employed full-time. The other reference must be from a previous landlord to say you have lived at X address and have been a great tenant. The landlord has not had any issues with you regarding anti-social behaviour, and your rent was paid promptly. If you can only get one of these, your deposit will be £450 . Please note that if you supply references, these do not have to be delivered before you move in. We are happy to wait for these even after you move in. Please be clear about how long it will take to deliver these to xxx.

6 MONTH CONTRACT

Can you reply to ALL from this email and include xxx via her xxx email with the information requested below? She will then work out your first month’s rent payment and let me know when you have made those payments to check you into the house. We will also arrange for the contract to be sent online.

This can take up to 7 days to process. Please ensure you pay your deposit, and do not worry if xxx doesn’t respond immediately. Once you pay your deposit, the room is yours, and you can start to make arrangements to move in. Do not pay anything other than your deposit amount until xxx gets in touch and gives you your first rent payment.

Xxx deals with your contact details, issues, deposits, and rent payments. Not me . She will also be the person you contact when you need to give your two months’ notice. Please make sure you note her email down for any future correspondence. Her mobile number is xxx

If you have any issues with your contract or rental payments, they should be made directly to her.

Please remember this and keep this email and her details safe for you to have a look at.

Please let xxx know which deposit option you will take and the contract length you want.

1.) Your full name (including Miss/Mrs/Mr):

2.) Current full address and postcode:

3.) Move-in date:

4.) Pay your deposit into our accounts using reference: xxxx

5.) Date of Birth:

6.) Mobile number:

7.) Length of tenancy: 6 months

8.) How many references can you provide?

Pay your deposit NOW:

Deposit Payment to this account: Barclays Bank

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Wait for references even after you move in? Different deposits? Never heard of this> Smells like Cod or haddock ( fishy)

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Yh, I would have thought it was scam if the landlord didn’t have a public image with local news paper (like self promotions or adverts etc)

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It might be worth reporting this to Spareroom and asking them to investigate / support directly, their contact form is here: Contact us

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Its not clear from the landlord’s text which type of deposit this is. At £600 it could only be a holding deposit if the rent is £2600 per month. However, it sounds more like a security deposit, (deposit against property damage or rent default). If so, then imo its entirely inappropriate to ask for this before you’ve even been shown a draft contract.

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I am going through something similar from a landlord on Openrent. I however only paid holding deposit £173 saying he will prepare the contract and we sign the next day where I will pay rent + security and given the keys. He went silent since and today, my last day in the place I was at, after I chased him for hours he text me to say the place has been rented to someone else.
As I am writing this, I’m on airbnb until I find the next place. I’d say report him on SpareRoom and make a fall back plan for yourself as soon as possible.

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always report such an event to Openrent so they can possibly help.

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That information looks incredibly dodgy.
As a landlord i would always ensure references are passed before signing a contract and before giving the keys.
If you get them back after and the tenant fails, you can’t kick them out.
Also very suspect to pay such a small amount more to not have any references.
I would think this is a scam. Or if not a scam then a very dodgy landlord!

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As this is a room in a shared property it is done on a Licence not an AST -----there are no formal Notifications and not all ‘Landlords’ take references for ‘lodgers’. They do not have the same rights as tenants and can be readily removed.
There should however be a contract ------
‘Landlord’ on SpareRoom it goes roughly like this —you ask lots of questions to rule in suitable sharer --arrange viewings —if both parties happy take a holding deposit to be deduced off first months rent or lost if does not complete. Send draft contract —signed—take damages deposit [not necessary to go into protection scheme] and one months rent starting on move in date.

Here lack of a Licence is not great there should be one -----are you taking the whole house [unlikely] or a room in a shared house, under a lodgers licence?

If he is giving you a key without you signing a contract that’s unusual but …
renting a room in a shared house if different to anAST

hope this helps

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I hope for your sake that I am wrong, but this has scam written all over it. Best of luck to you

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[UPDATE FROM POST AUTHOR]

Sorry for only updating now and thank you so much for everyone’s support and helpful replies.

Good news is that I did manage to get the key and move in on time, though a formal AST contract hasn’t been really established, aside from raw email message.

There are new tenants moving in as well and they all seems to experience the same issue. And the older tenants said that the landlord is just slow.

Thank you for the support :heart:

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A room in a shared house will not be a licence unless the landlord also lives there or certain other limited circumstances apply. It will normally be an individual or joint AST.

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Yes, fair comment - if not on a Licence then very odd way for Landlord to proceed then.

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Some landlords have never heard of Street v Mountford

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