Can landlord keep my deposit before I've signed a tenancy/moved in

Chops992

Hi
I'm hoping for some advice...
2 weeks ago i went to see a house to rent which i liked so I put down a holding deposit (£200), paid referencing fees (£200), and had to pay half the actual deposit (£475) as the agent requested.
Unfortunately my circumstances have now changed and I have had to pull out. I was expecting the £475 deposit to be returned to me as I hadn't signed the tenancy and hadn't moved in however the agent says I won't receive it back as it will be used to cover the time it's been off the market (I thought thats what the holding deposit was for) and to find a new tenant (I was 1 of 14 interested so I'm sure they won't strugle).
Does anyone know where I stand with this?
Unfortunately my deposit hadn't been registered with any protection service.

MyOnlyPost

The fact they haven't registered the deposit should be all you need to get it back. Do you have a receipt that implicitly states this is what the money was paid for?

Chops992

Yes I do have a receipt that specifically states it's for the deposit. The only worry I have is if there's something in the agents terms and conditions that states they can keep it for the 2 weeks it's been off the market? Unfortunately I don't have a copy of their terms and conditions to look at.

Chops992

Also do you know who I would need to go to for help with it?
Thanks for any help!

G_M

Holding deposit - this is to keep the poperty for you and turn away other prospective tenants. By pulling out, you've potentially lost the LL those tenants and the rent they'd have paid. You could/should lose the holding deposit

* the referencing fees were presumably spent on referencing you. You could/should lose the holding deposit

* The (security?) deposit was to cover renat arrears or damage to the property. As you owe no rent, and caused no damage, you should get this back

To get it back, you go to the individual or company you paid it to! If they refuse, you escalate the request internally (if a company - eg Head Ofice). If that fails you go to court.

Chops992

Thankyou for that, would it be possible for them to have something in their terms and conditions which would allow them to keep my deposit? I know I will definitely lose the holding deposit and referencing fees

G_M

I don't see how if the £475 was clearly specified as a rental security deposit.

Was it?

Chops992

I'm not at home at the moment I can't remember wether they listed it as a deposit or clearly as a security deposit however it was definitely listed seperately to the holding deposit. I will update you once I have checked the paperwork

GDB2222

There's an ombudsman scheme, but I don't think all agents are covered. There are also various trade associations that run schemes.

https://www.tpos.co.uk/consumers/advice-for-consumers/lettings

MyOnlyPost

The landlord should register the deposit with a deposit scheme within 30 days of receipt. Failure to do this is an offence. When you have a dispute over deposit as a tenant it's pretty cut and dried, but as you were never a tenant it could be harder to enforce

https://www.gov.uk/tenancy-deposit-protection/if-your-landlord-doesnt-protect-your-deposit

G_M

GDB2222 wrote: »

There's an ombudsman scheme, but I don't think all agents are covered. There are also various trade associations that run schemes.

https://www.tpos.co.uk/consumers/advice-for-consumers/lettings

Since 1st October 2014, the Enterprise and Regulatory Reform Act 2013 S83 requires letting agents in England to sign up to one of 3 schemes:

* The Property Ombudsman
* Ombudsman Services Property
* Property Redress Scheme