Can we deduct the cost of reference fees from holding deposit if the tenant fails?

Totally agree!! What is there in place to stop them applying hoping that the reference check “might miss” something??

1 Like

As per the 2019 tenant act, the landlord or letting agent is entitled to retain partially or fully holding deposit when tenants withdraw from the tenancy, as long as cost breakdown is provided in writing.

If the landlord has taken all steps towards signing the tenancy agreement but the tenants haven’t, landlord is entitled to get compensation for the period the property was removed from the market. This is written in the a property ombudsman terms and conditions.

A holding deposit is to reserve the property and commitment to take necessary steps by both, tenant and landlord, to enter into the tenancy and sign tenancy agreement.

My case is slightly different agent decided to return holding deposit in full with no consultation to the landlord, so agent didn’t act in the best interest of the landlord. As I would have claim some sort of compensation for time waste. In the hand of the property ombudsman now