View Full Version : Holding Deposit

06-12-2005, 08:03 AM
I needed to rent a peoprty to live in for the first time since my teens. I had seen one I liked, it had not been advertised as it was not on the market yet. The landlord said that I could have first option if I showed real interest through a £100 deposit. At no point did he say this was a 'holding deposit' and at no point did he say it was non-refundable. He did give me a receipt which just said 'deposit on flat'. I had not seen a contract yet and a date for moving in had not been agreed.

Unfortunately my personal circumstances changed which meant I no longer could take up the flat. I informed the landlord immediately. He said that he would not refund my £100 as it had to cover his out of pocket expenses. This is despite flat still not being vacated and still not being advertised for rent.

How do I stand in getting my deposit back and how should I go about doing so?

Many Thanks.

06-12-2005, 08:33 AM
How long prior to you potentially moving in did you cancel? He may be, potentially, entitled to his out of pocket expenses. However there is no way on earth he has incurred £100 of expenses with regards to this, and he needs to prove in corut if you choose to sue him what his expenses were. To be honest he has done it in such a lax and haphazard way, he will struggle to even retrieve his expenses. Sue im. :)

06-12-2005, 11:57 AM
Something about holding fees has just come out in the amendments to the Unfair terms in tenancy contracts. Try phoning Trading Standards at your local council and ask whether they will write you a letter stating that this is unfair.

06-12-2005, 12:09 PM
I saw property on the 16th Nov and paid £100 deposit on the same day. I phoned him to say that I was no longer interested on the 23rd Nov. I moving in date had never been agree up to that point.

06-12-2005, 12:14 PM
Did you see and have time to read the tenancy agreement before handing over a holding deposit?

If you have not seen the agreement you cannot be financially bound in any way.

06-12-2005, 12:14 PM
I would take him to small claims.....he really is going to struggle to retain that deposit, especially if there was no date agreed. To keep £100 after 1 week is disgusting, and a judge I'm sure would see it the same way.