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Getting back a holding deposit (renting)

Hi there,

I went to view a property on Tuesday that I decided to take. On Wednesday I called the letting agents and they took a payment over the phone to hold the property for me (haven't yet signed anything at all). I also arranged to go into their offices this coming Monday to sign the forms which state that I have paid the holding deposit and want the property.

However, in the time in between I have been called away from the area because of a family emergency and will not be able to get to the letting agents to sign the forms for a couple of weeks.

I do still want the property, but don't want to move forward with any administration until everything is sorted with my family, which could be another couple of months. However, if the landlord/letting agent prefer not to wait this long, which is understandable, I'm happy for them to put it back on the market and for me to look again at a more appropriate time.

My question is- do you think that if I explained the situation to the letting agents, they would refund the holding deposit?

Any thoughts are greatly appreciated and sorry the post is a bit long!
'I can't deny the British influence on my accent and mannerisms, but I don't know the British national anthem, I didn't weep for Princess Diana and I always cheer when Britain loses at sport. That's how British I am' Constantine-Simms. :T

On God: 'The invisible and the non-existent look very much alike' D. B. McKown :T
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Comments

  • Innys
    Innys Posts: 1,881 Forumite
    I wouldn't count on it...Frankly, I don't think you have a leg to stand on.

    Obviously, the idea of a holding deposit is to show good faith from both parties. They have done their bit by agreeing to let you rent the property at the agreed amount. You are now proposing to withdraw your commitment without any cost to you.

    Given the state of the current housing market and the fact that estate agents are desperate for money, any money, I can't see them agreeing to your request.

    As I always say, you don't ask, you don't get. However, if I were you, don't be surprised by a refusal.
  • Yeah, I had planned to get be refused for the reasons that you have stated!

    And, like you said, I will definately ask (no harm in trying).

    I just posted to see whether anyone had perhaps had a similar experience.
    'I can't deny the British influence on my accent and mannerisms, but I don't know the British national anthem, I didn't weep for Princess Diana and I always cheer when Britain loses at sport. That's how British I am' Constantine-Simms. :T

    On God: 'The invisible and the non-existent look very much alike' D. B. McKown :T
  • stevetodd
    stevetodd Posts: 1,016 Forumite
    Hi there,

    I went to view a property on Tuesday that I decided to take. On Wednesday I called the letting agents and they took a payment over the phone to hold the property for me (haven't yet signed anything at all). I also arranged to go into their offices this coming Monday to sign the forms which state that I have paid the holding deposit and want the property.

    However, in the time in between I have been called away from the area because of a family emergency and will not be able to get to the letting agents to sign the forms for a couple of weeks.

    I do still want the property, but don't want to move forward with any administration until everything is sorted with my family, which could be another couple of months. However, if the landlord/letting agent prefer not to wait this long, which is understandable, I'm happy for them to put it back on the market and for me to look again at a more appropriate time.

    My question is- do you think that if I explained the situation to the letting agents, they would refund the holding deposit?

    Any thoughts are greatly appreciated and sorry the post is a bit long!

    Can't they post or email the forms to you for signing and posting back?
  • angrypirate
    angrypirate Posts: 1,151 Forumite
    How about, ring your credit / debit card and find out whether the transaction has gone thru? If not, cancel the card and stop it going through. Problem solved
  • Premier_2
    Premier_2 Posts: 15,141 Forumite
    10,000 Posts Combo Breaker
    Good job you got called away when you did - a little later and you'd probably have signed that TA and been lumbered with 6, perhaps 12 months rent to pay.

    Think of it as a blessing in disguise - looks like you've possibly saved yourself a small fortune.
    "Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 2010
  • stevetodd wrote: »
    Can't they post or email the forms to you for signing and posting back?

    Yeah, I rang them and they said they will put them in the post for me!
    'I can't deny the British influence on my accent and mannerisms, but I don't know the British national anthem, I didn't weep for Princess Diana and I always cheer when Britain loses at sport. That's how British I am' Constantine-Simms. :T

    On God: 'The invisible and the non-existent look very much alike' D. B. McKown :T
  • How about, ring your credit / debit card and find out whether the transaction has gone thru? If not, cancel the card and stop it going through. Problem solved

    Is that okay to do?

    I'd then need to inform the letting agency that I have cancelled the payment- they'd blacklist me, they already hate me because of being called away!!
    'I can't deny the British influence on my accent and mannerisms, but I don't know the British national anthem, I didn't weep for Princess Diana and I always cheer when Britain loses at sport. That's how British I am' Constantine-Simms. :T

    On God: 'The invisible and the non-existent look very much alike' D. B. McKown :T
  • Premier_2
    Premier_2 Posts: 15,141 Forumite
    10,000 Posts Combo Breaker
    How about, ring your credit / debit card and find out whether the transaction has gone thru? If not, cancel the card and stop it going through. Problem solved
    Not good advice I'm afraid. That's the modern day equivilent of stopping a cheque issued in good faith.

    Expect anyone doing this to find themselves the defendant of a court summons.
    "Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 2010
  • Premier wrote: »
    Not good advice I'm afraid. That's the modern day equivilent of stopping a cheque issued in good faith.

    Expect anyone doing this to find themselves the defendant of a court summons.

    Yeah that's what I thought. But if I haven't signed anything to say that they can have the money/ have had the money, would that not negate their claims?
    'I can't deny the British influence on my accent and mannerisms, but I don't know the British national anthem, I didn't weep for Princess Diana and I always cheer when Britain loses at sport. That's how British I am' Constantine-Simms. :T

    On God: 'The invisible and the non-existent look very much alike' D. B. McKown :T
  • Innys wrote: »
    I wouldn't count on it...Frankly, I don't think you have a leg to stand on.

    Obviously, the idea of a holding deposit is to show good faith from both parties. They have done their bit by agreeing to let you rent the property at the agreed amount. You are now proposing to withdraw your commitment without any cost to you.

    Given the state of the current housing market and the fact that estate agents are desperate for money, any money, I can't see them agreeing to your request.

    As I always say, you don't ask, you don't get. However, if I were you, don't be surprised by a refusal.

    But I'm not withdrawing my commitment- I am postponing my move date. I still want the property, but I don't want it straight away.
    'I can't deny the British influence on my accent and mannerisms, but I don't know the British national anthem, I didn't weep for Princess Diana and I always cheer when Britain loses at sport. That's how British I am' Constantine-Simms. :T

    On God: 'The invisible and the non-existent look very much alike' D. B. McKown :T
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