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Aug, 2014

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Thread: Holding deposit

  1. #1

    Default Holding deposit

    HI THERE,

    SO TODAY I PUT DOWN A HOLDING DEPOSIT FOR A ROOM. I HAVENT SIGNED ANYTHING YET AND I GOT A RECIEPT FOR MY HOLDING DEPOSIT.
    NOW BEFORE I PUT DOWN MY DEPOSIT I ASKED THE LANDLORD X AMOUNT OF QUESTIONS AS IT NEEDED WORK DOING TO IT. I NEED TO MOVE IN THIS WEEKEND AND HE TOLD ME THE WORK WOULD BE DONE IN 9 DAYS. I ASKED HIM AGAIN TO REASSURE ME HE MEANT THIS ALONG WITH TELLING HIM I DO NOT WANT TO BE MESSED ABOUT AND I WANT COMPLETE HONESTY AND HE STILL CONFIRMED THE 9 DAYS.

    MOVING ON, NOW IVE HANDED HIM MY DEPOSIT AND WE CHAT FURTHER AND I ASK HIM AGAIN SO THE WORK WILL BE DONE IN 9 DAYS AND NOW HE IS SAAYING WELL THE WORK WILL BE STARTED IN 9 DAYS SO IM LIKE THINKING TO MYSELF BUT THATS NOT WHAT YOU SAID BEFORE. lONG STORY SHORT IT JUST GOT TO LIKE BY THE END OF JUNE IT SHOULD ALL BE DONE.

    FOR THE WORK THAT NEEDS DOING ITS JUST NOT GOING TO BE LIVEABLE ESPECIALLY FOR THE WORK THAT NEEDS DOING, I WAS OBVIOUSLY DRAWN TO THE FACT THAT THERE WERE WORKERS OUTSIDE THE HOUSE AND THOUGHT THAT THEY WERE GETTING ON WITH THE JOB BUT CLEARLY NOT AS THE LANDLORD ALSO SAID HE IS WORKING ON ANOTHER PROPERTY WHICH IS BEING FIXED FIRST.

    SOOO, ALL IN ALL AM I ENTITLED TO ASK FOR MY HOLDING DEPOSIT BACK.

    CHEERS

  2. #2
    Join Date
    Jan 2010
    Location
    Central south coast
    Posts
    2,578

    Default

    You can ask but LL does not have to give it back if you have changed your mind.

  3. #3
    Join Date
    Oct 2007
    Posts
    156

    Default

    If the money was receipted and specifically taken as a holding deposit (in other words not a "non refundable admin fee") and you were not informed that the deposit would be withheld should the application not proceed, then the landlord is not entitled to withhold your holding deposit.

  4. #4
    Join Date
    Feb 2005
    Location
    Hampshire
    Posts
    6,028

    Default

    A "non refundable admin charge (not 'fee')" is a penalty and therefore unsustainable and if you took the landlord to court you would probably get your money back if he refused your request. You are only liable for "reasonable administration costs" and only if the landlord states this in terms on which a property is reserved. A court will expect the landlord to be able to itemise his actual costs in order for the court to award anything to him.
    The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

  5. #5
    Join Date
    Oct 2007
    Posts
    156

    Default

    This may be helpful, from letlink.co.uk

    Holding deposit
    There is often a delay between a tenant applying to take a property and the property becoming vacant, during which any references and credit checks are undertaken. Therefore, the position of the landlord is commonly protected by the taking of a holding, or reservation, deposit. Such a deposit indicates the prospective tenant’s commitment to renting the property, as the undertaking of credit checks and references can be time-consuming and expensive and other applications may be turned away. All or part of the deposit may be retained by the landlord if the tenant withdraws or if references or credit-checks prove unsatisfactory, but such conditions should made clear to the prospective tenant on acceptance of the deposit. If the tenant is not provided with this information, he may be entitled to reclaim repayment of the deposit from the landlord or agent.
    Holding deposits are not subject to statutory tenancy deposit protection if they are accepted prior to the granting if a tenancy, and are not used as a bond during the tenancy. If they are included in the dilapidations deposit once the tenancy has been agreed, they will be require the protection of a government-authorised scheme.

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