can we get our deposit back???

[JHG]

Hello, i am having a nightmare i am 6 months pregnant and have moved out of a flat to move into another one but it wasn't ready in time and now we have had enough of being messed around by the landlord and asked for our deposit and first months rent back and they say they will not give it to us becuase we have signed an assure shorthold tenancy agreement! the order of events are as follows i hope someone has some good advice for us...


29/05/09 our offer was accepted with conditions (I have paper work to prove this), conditions of offer were accepted by landlord and he agreed that all work would be completed by 19/06/09
We had several phone conversations over the following weeks with the agents and the landlord and everyone said it was all going to plan
17/06 agent rang to say there was a problem with the plumbing and the property wouldn’t have water until 22/06. we spoke to the landlord who said we could move our furniture in but not move ourselves in or start paying rent until 22/06
18/06 6.30pm we signed a tenancy agreement dated 22/06 with bushells and paid our deposit, they were fully aware that the flat was not inhabitable at this time - we have never recieved a copy signed by the landlord.
18/06 9pm the landlord rang to say we wouldn’t be able to move our furniture in because the painting had not been done but the property would be ready by 22/06. Ben met him at the property at 10.30pm and saw that the bathroom was not installed, the painting had not been done, no blinds were up and the cleaning had not been done. We verbally agreed that we would put our furniture into storage and move in the following week (27th) if the landlord paid for storage and arrange and paid for removal and pay for our additional transport costs (he has not paid us a penny). At this point he gave my other half a key.
We had no option but to move out of our flat because everything was arranged for the 19/06 and he gave us no notice to cancel removal men or speak to our current landlord.
He sent us a tenancy agreement dated 27/06 * this was never signed* (we signed one dated 22/06)
27/06 the landlord said he had failed to arrange a removal company because he had ‘left it a bit late’, ben went into the property to find the place was still filthy (even though the first condition was that it had a full professional clean because the previous tenants had left it in a complete state) and the blinds only cover ¾ of the windows. At this point we said enough is enough. My other half spoke to the landlord who said that there had been a ‘2 day professional clean’ and that work on the property is finished we told the landlord that we were not prepared to move into the flat in that condition.
I emailed bushells for our deposit back – no response
29/06 I went into bushells to ask for my deposit back at which point I was told that I was not entitled to it because I had signed the tenancy agreement and there was nothing they could do because they work for the landlord. I took the agent round to the flat and she agreed that there had not been a professional clean and the blinds were shoddy. She did offer to arrange a professional cleaner because we had signed the tenancy agreement because they told us to but by this time we wouldn’t have been able to move in until the following weekend and we had got to the end of our tether with the whole thing.
29/06 spoke to the landlord who said he would let us out of the tenancy agreement when he finds a new tenant but has now put the flat back on the market at £275 per week instead of £250 that we had signed up to pay.

I hope that makes sense to you I’m sorry it’s a bit scatty.

We now have no desire at all to live in that flat because we don’t want to be at this guy’s mercy with a newborn baby we just want our money back so we can find somewhere new before I give birth at my mother-in-laws house! Basically we were supposed to be living in that flat from the 19th June we are still homeless. Do you think we have any chance of getting our money back? He has 4 weeks rent and 6 weeks deposit and our costs (e.g.storage, etc.) are increasing by the minute.

please can anyone help us??? if you think we can get our deposit back how do we go about it???

p.s. the deposit is in a dps account

[mind the gap]

Please reduce this to the bare essentials and we will try to help.

[JHG]

Ok here goes- we were supposed to move into our flat on the 19/06, the day before we were told that it wouldn’t be ready until 22nd but we were told to come in and sign the tenancy agreement anyway which we did (dated 22/06- although we have no copy signed by a landlord). The flat wasn’t ready on that date either, we verbally agreed with the landlord that we would wait a week for works to finish and move in on the 27th – when the 27th came the landlord had not booked the removal company as promised and the flat was still filthy. At this point we said enough is enough and asked for our 4 weeks rent+ 6 weeks deposit back and he said no way because we’ve signed a tenancy agreement!!!!

Can we get our money back? If so how??

[tom999]

If you need help or advise about the blinds, im here to help.

Blindingly Blind Spam... Reported.

18/06 6.30pm we signed a tenancy agreement dated 22/06 with bushells and paid our deposit, they were fully aware that the flat was not inhabitable at this time...

• Did you receive any written information about the deposit's protection from either agent or LL?
• Was a (pre-tenancy) written inventory done, including photos (and/or videos)?
• Do you have proof (dated photos) of the condition of the property on the dates that you have mentioned above?

Ok here goes- we were supposed to move into our flat on the 19/06, the day before we were told that it wouldn’t be ready until 22nd but we were told to come in and sign the tenancy agreement anyway which we did (dated 22/06- although we have no copy signed by a landlord).

• Did tenancy agreement state condition of property?
• What is the fixed term of the tenancy (e.g. 6/12/.. months)?
• Did you ever actually move into the property?
• This incident happened in June 2009. What has happened in the intervening 3 months, since then, for example; any further communication with LL/agent? Has another tenant been found?