Estate agent taken holding deposit

Simpd002

My partner and I put money on a flat we loved through an estate agent, as far as we was aware we put £400 on what they called a 'holding deposit' When it came to the referencing my partner passed and I failed due to living with the wrong people. When we asked about the £400 they said it was a non refundable good will gesture to hold the flat off the market.
Can they do this? We have not signed anything and gave my debit card details over the phone

Pixie5740

How can who you live with have any bearing on your referencing?

A holding deposit is just that. The property it held (no further viewings) until you are referenced. The property was held and now you've had to forfeit the holding deposit.

stator

Did they give you a receipt of paperwork? Generally though you're stuffed. Rip off estate agents strike again.

HappyMJ

Simpd002 wrote: »

My partner and I put money on a flat we loved through an estate agent, as far as we was aware we put £400 on what they called a 'holding deposit' When it came to the referencing my partner passed and I failed due to living with the wrong people. When we asked about the £400 they said it was a non refundable good will gesture to hold the flat off the market.
Can they do this? We have not signed anything and gave my debit card details over the phone

If your partner passed referencing why didn't you get the flat? Only one of the joint tenants needs to pass to be acceptable. My partner doesn't work, has loads on debt she can't pay, has 6 months rent arrears from her last place and on her own would fail but my credit referencing passed and we got a tenancy together. Who you've lived with in the past does not matter.

I'd ask for the money back and take them to court if they refuse to pay.

Simpd002

I failed due to the 2 guys i live with are very dirty, smoke in the house, not just cigarettes, always have parties etc. That is why i have been given a bad reference. Annoying thing is the current estate agent we are with knows i am not involved
I just went back to the house where my partner lives and she has received a letter from the estate agent we was planning on getting the flat with saying that we need to sign this contract stating that the £400 is non-refundable and the referencing process will not start until we have signed it and they have it back! We have not signed this but they still started the process?
I did ask if i can get a guarantor and they said no, I asked if she can put the flat in her name and they said no again