Holding Deposit

[cretangirl]

I am hoping to rent a chair in a hairdressing salon to do nails. He has asked me to give him a holding deposit and 1 month's notice if I cancel the chair. I've now found out that there isn't any ventilation nearby or he doesn't have a downward table (?) which somebody who already does nails said I have to have. I told him this but he doesn't want to put in ventilation or get a new table so I said Ii couldn't take the chair. and he said he is keeping my deposit (£400 which is same as my rent would have been)) and also wants another £400 as I haven't given him a months notice.

I never had anything in writing for the holding deposit (I thought that would be taken off my 1st month's rent) and he never gave me a contract. Is this legal and has anyone else come across this please. It is my 1st time I have applied for a seat. Thanks

 

[TheDuchess]

Hi Cretangirl. I’m afraid that it’s a case of buyer beware. He’s a hairdresser and your landlord, not your employer - you can’t expect him to know what you require nor to foot the bill for buying you the equipment you now feel you need.

It is your responsibility to check the set up is suitable before handing over the deposit. You’re not likely to get your deposit back now that you are having second thoughts. You csn trying threatening to take him to the small claims court and hope he rethinks and you even carry out your threat but there isn’t any guarantee you’d win.

I don’t think you need to pay rent in addition now you want to pull out. It sounds as though you hadn’t agreed a starting date, so I can’t see that it’s reasonable to pay him both a month’s rent in advance plus a month’s rent as a deposit. If you’ve changed your mind and you’ve nothing in writing he can’t sue you, because he can’t prove that you’re welshing on the agreement you had.

FYI a table that can be raised and lowered is not essential. Buy the desk you want. And buy your own dust and fume filtration system, a one desk set up is not expensive and doesn’t need “installation”. Have a look at Ravair Nail Dust Extractor - Fantastic Units, Great Prices There’s a sale on atm so you can kit yourself out with a basic system for £250.

It’s perfectly normal to buy your own set up, you don’t get all your equipment included in return for the rent. Have a good read through the posts here about setting up in business, there’s lots of great information. You also better check with him what else is not included - rubbish collection? client refreshments? cleaning of communal areas such as the kitchen and loo?

Learning to think about all these things is part of the process of being in business. Good luck