Holding deposit question

[Minim123]

Hi there, I recently have been entangled with a lettings agency whereby I was asked to put down a holding deposit on the grounds that if I didn’t like the property when I came to view it I could have the deposit back. Now I have called them and told them I’m no longer interested in the property as I’ve not even seen the property and I’m more likely to look for something a bit different in terms of spec. I’ve got it in writing that I can have it back then when I called they said I couldn’t have it back.

where do I stand in this situation legally? I’ve looked at shelter and they suggest a number of ways you can get your money refunded but I’ve not even filled in any paperwork.

As I’ve not actually seen the property yet as they have pushed back the viewing for a number of weeks and they originally stated I could have it back if I viewed and didn’t like it?

Holding deposits shouldn't be taken before viewing a house. They should be taken when you have viewed and put an offer in. They then take it off the market and keep your money whilst your references are being processed.

In the event that you a) drag your feet and cause a delay in signing the tenancy agreement and mess them around so much they don't think you are going to do it, they get to keep the deposit. I think the legal stipulated time between receiving a deposit and getting a contract signed (even if it is for a future date far down the line) is 10 days. Once they have taken your money, they are obliged to do this within 10 days, unless they give you a deposit document to sign and have crossed that out and put in, say 14 days, and you signed it - that happened to me once. Or

B) you don't pass reference checks. Then they get to keep your money.

They are chancing it. They have no legal entitlement to keep your money. Did they get you to sign anything? Did they give you a receipt?

I would email them and say you have been advised that holding deposits should only be taken when a person is applying for a property, they must have made some sort of error, please return funds within seven days.

If they play hardball, tell them you have spoken to their regulator who is very concerned and are asking for the name of the agency to investigate.

I have literally never been asked for a deposit before confirming I want to rent a home.

I have seen another property with the same company. They emailed to say they had another property and asked me to secure it with a holding deposit but I never saw the property. I was told if I didn’t like the property after viewing I could have the holding fee back. I didn’t wanna waste any time and asked if I could cancel it and have my holding deposit back. They said they that I will lose my money if I back out now?

as I’ve not even seen the property surely that’s not right??

I’ve got it in writing that I can have it back then when I called they said I couldn’t have it back.

They're chancers, especially if they put it in writing!

The above advice about the regulator is good ( and do it if you get nowhere).

No, they cannot keep your money.

You need to check their website to see if they are even a member of a regulatory body. Not all estate agents are.

Sorry this sounds like a scam!