Can i get my bond back?

[Daniielleoox]

I put a deposit down on a property 2 weeks ago and i paid the application fee's at the estate agence.
4days later the estate agent rang me and asked if i would move into a upper flat owend by the same landlord as there was a disbled person intrested in the flat iu had sucured, they tryed to guilt trip me about how they need a ground floor flat blaa blaa blaa....!!
I felt awfull but at the same time concerned as i had paid £500 bond on the flat and £150 app fees, so i made it clear to the estate agent that i wanted to view the upper flat before i made a dicision. They told me i could view it on the following thursday, Anyway thursday came and still they hadnt rang me to arrange a time so i took it up upon myself to ring them. They told me on the phone that the flat i had made the deposit on had been getting advertised by two estate agence and that over the weekend the other estate agence had took a deposit of a girl and moved her in on like the same day or som thing :/ Hmm.... is this even legal?? how could they let this happen?? and why did they wait for me to ring them to tell me instead of ringing me as soon as they found out(on the monday :/)?? they told me that there was nothing i could do, and all i can do is move into the upper flat, so i told them i would view the upper flat but i wasnt saying that i was going to move in. i went to view the upper flat and well i wasnt pleased, its discusting with loads of damages and i realy dont want to move in!! also the flat i put the deposit on was part funished but the upper flat isnt!

Am i in my rights to getevery penny back?? or if i do move in am i able to request compensation for the inconvinence?? i need to no because they are trying to move me in and i dont know what to do :/

[redcrx]

you put a deposit on a flat that isnt available. I would hope that any paperwork you signed gives the flat number etc.
in which case yes of course you are entitled to your money back, immediately, as they have broken the contract

[Canary42]

The agent should return all your money. The upper flat is irrelevant, don't take it unless you really want it (which seems unlikely).

[Daniielleoox]

Aww thanks guyss :D i realy want to just take my money back but i have handed my notice in with my current landlord and have only 2weeks left, im scerd that i wont find another place in time :/ but you answers are great, at least i have another option now, i might start looking for somewere else and only request the money back when i find one.

[redcrx]

well i wouldnt go leaving the money with them, get it back asap or it may be assumed that you are accepting the upstairs flat.

[whiskeryron]

Go to your local C.A.B. to see what the legal side of this is. Ron.

[Canary42]

Yes, I agree with Ron, mine was only an amateur view.

[hazel999]

Like others have said your entitled to your money back, you paid for something you haven't got.
Won't your current landlord still let you stay on until you secure another property, he will still get his money and I'm sure he wouldn't have found a tenant in such a short time. Just explain the situation to him. Don't take the upper flat because you feel you have to, I'm sure as a tenant even though you have given notice your entitled to 4-6weeks to vacate the premises.
Good Luck :o)

[TonyV]

Depending on the wording of the contract you signed with the letting agent, you could always try and turn it back onto them to find you a suitable flat with same spec and price, otherwise you will be looking for them to reimburse you for extra costs eg storeage / hotel / etc