Holding Deposit - Return Conditions

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1

Hi,
We are new to UK and looking for a house, we found one with help of agent and we did what he suggested, submitted holding deposit, sent offer form where they have stated some conditions (we did not know that offer form also has conditions), after that there was some issue with current landlord and he gave future data for vacating current flat, we asked for new date for new house from agent. He did not agree and cancelled our offer, he is not returning holding deposit saying that condition was changed from our end. We asked to use the deposited amount for next flat offer instead of returning amount which he agreed on… but now he stopped responding and not showing any new houses… we are thinking that he will not show since he already got the holding deposit from us which is a big amount for us.

Please suggest what are our options, we dont want any trouble, just that we want good house in good location with good schools. We hope that these agents can understand that being new here there are lot of changes already for us and if they keep doing things like these that can end up being very stressing for us.

1 Like
2

You should send the agent a letter stating that you believe they have no basis for retaining the holding deposit they took from you and that if they do not return it within the next 7 days, you will involve the local Trading Standards office on the basis of a breach of the Tenant Fees Act 2019.

3

Thanks for your response on that David, much appreciated… would like to ask one thing if as a tenant i am extending offer to land lord through agent by filling offer form, offer form is not a contract right? and we did not say that we are backing from our offer, we just said we want future date to avoid 1500£ loss :frowning:

4

Sorry but I’m not clear about your question. What document did you sign when you paid the holding deposit?

5

It sounds like Amit9 asked to change the start date of the tenancy after paying the holding deposit.

6

This must be a minefield for you being new to renting here.

Maybe you need to get some help from Citizens Advice.

Why did your current landlord change the date you could leave?

Did you give the wrong dates on your notice to leave?

If you gave the correct notice to leave or if the current landlord asked you to leave on a certain date, the current landlord cannot just make you stay longer because his situation has changed.

You need to find out your rights.