Talk

Flip

AIBU?

Can I get my deposit back??

14 replies

xxxPandora · 19/06/2016 08:50

Advice gratefully received....

^
I put a £300 deposit/holding fee on a basement flat (via a letting agent) 2 weeks ago and I am due to move in with my daughter in 2 weeks. I went for a 'measuring up' viewing this morning and was mortified to discover that it has flooded by the front door and in one of the rooms. The floor was covered in sediment where the water has dried and there's water marks on the wall. The carpet that is going to be my daughters bedroom was wet and the wooden floor boards were still wet in areas.

I've handed my notice in on my current property and we need to leave in 2 weeks.

The letting agent has said that they're getting in touch with the landlord and are confident that they can 'dry it out' before we move in but I'm now extremely concerned that the flat will be damp under the floor boards and will eventually go mouldy/smelly etc. I'm pretty sure they won't be ripping up the floor boards and replacing them and I would imagine that this couldn't be done in 2 weeks! Also I'm worried if it floods again!

The letting agent advised that he is unsure if it has flooded before and will check with the landlord- but surely if it's flooded once, it can flood again.

What would you do?

I'm not sure if they will give me my deposit back as it was to hold the property which is then used for reference fees etc. My references were completed last week. Do you think I could get my deposit back?
Or shall I hope it 'dries out' and move in?
I've rang my current letting agent and informed them of the situation but I won't know until Monday if they will let me stay here ongoing or not. Thankfully viewings on my current property are not until this week so no one is due to move in imminently.

Apologies for the long post! I just don't know what to do for the best :(.^

OP posts:

Report

RubbleBubble00 · 19/06/2016 09:52

I wouldn't move in and I think your perfectly reasonable to ask for deposit back. You could ask the agent if they have any other properties available that would suit then you wouldn't have to do references again

Report

xxxPandora · 19/06/2016 10:14

Thanks for your reply. I got the feeling following my conversation on the phone yesterday that they wouldn't be giving me my deposit back if I walked away. I've looked on their site and there's nothing else suitable.
Feeling extremely stressed! :(

OP posts:

Report

MyLlamasGoneBananas · 19/06/2016 10:21

I'm no expert but even with dehumidifiers I doubt that would be cometely dry in 2 weeks.
Our shwoer leaked and we were told 4 to 8 weeks for the floor/ceiling below and wall to dry out before work could start with replacement.

Do you have any builder friends you can ask how long it would take? Perhaps Google flood damage and drying out info. Insures may possibly have some info somewhere if you Google.
It may help with a dispute getting your deposit back.

Report

DoreenLethal · 19/06/2016 11:21

You are not walking away - the landlord is failing to provide an inhabitable space. There is a difference. It is all in how you present it to them.

Report

caroldecker · 19/06/2016 11:46

If they can dry it out and make it habitable, then you will not get your deposit back. If the flat is unavailable then you would.
You can't complain about whatifs

Report

Princesspinkgirl · 19/06/2016 14:39

Holding deposits can be given back I've recently rented a flat through Connell lettings and they said if I changed my mind I could have it refunded

Report

YouSay · 19/06/2016 14:44

She needs to know now though or she will be homeless in two weeks.

Report

CitySnicker · 19/06/2016 14:48

Would the independent company that hold the deposit be able to advise? Ask who they are. If they haven't got one...have they already messed up and give you it back asap in order to avoid a fine?

Report

Mouikey · 19/06/2016 18:10

Do you know why it flooded? Was it the recent rain (if so it will flood again) or some issue with a pipe or similar. Doesn't look like it will get dried out in the time you have, so it is, in essence, uninhabitable.

Have you signed an agreement (I assume you have), the owners should have insurance. It will probably be cheaper for them to give your deposit back. Alternatively they could house you in a hotel until it is habitable... (although not sure of the legal position on this).

Why not pop to the CAB for some advice?

Report

peoplepleaser70 · 19/06/2016 18:28

I'd say it could dry out within 2 weeks. Ask them to do a damp test and provide you with the readings to prove it is dried properly. It's hard to tell from photos to be honest the extent of the work needed but if they crack on I do think a two week time frame is possible, if tight.