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Am I entitled to my deposit back?

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121 views 2 replies latest reply: 26 July 2016

Hi , 

My daughter and some friends are students and have placed a holding deposit on a property for house share. 

The letting agent has been incredibly rude and unhelpful, but, as a guarantor for my daughter, i’ve still paid the deposit and provided my financial details as required.

The students were then told the property was no longer available, but the landlord offered another property in the same street. When the students pulled out, we recieved another letter saying the deposit would be refunded but the landlord has made a note of the names and would never accept them as tennants. 

Now, we have recieved another email saying the original property is now available again so we cannot have our deposit back. 

Does anyone know where they(as tennants) or I (as gaurentor) stand LEGALLY on this? 

To be honest, I would rather lose my deposit than deal with this letting agent but thought i’d ask. 




Hi Rob,

Agents & Landlords are not entitled to withold a Holding DEposit. If they have processed references and/or done paperwork they are entiteld to withold those applicable charges but, if not, they have to return it in full.

I despise this practise- it is illegal and brings our whole industry in to dispute.

Can I please ask that you act as follows:

-As what redress scheme they belog to (such as The Property Ombudsman Scheme). All agents are required by law to be a member. If they cannot/will not provide this information you must report the matter to the local council.

-Write an official complaint (email should suffice) advising that they have 7 days to return the funds in full or you will report the matter to the applicable redress scheme (please hold them to this)

-Advise that, if funds are not received within 7 days, you will file a CCJ to regain them

-Find any/all lisatings of their company online and warn other tenants- try google, allagents, rateragent, freeindex to name a few

Please, please, please hold them accountable and take action. If you walk away and let them get away with this you let them do the same to anyone else and you forfeit the right to complain when you get treated this way. There are lots of fantastic, professional, friendly, helpful agents out there- dont reward the bad guys!

Hope that helps


Thanks for your reply on this. 

Thankfully, this is now resolved. But it took a threat of legal action from another one of the parents/guarantors before getting the refund. 

That parent also tried calling the agent, but the agent was again, incredibly rude and hung up, insisting that he wasnt refunding anything as we had backed out. 

You’re right that this gives a bad name to agents (and landlords). Since he gave us the name of the landlord (saying the landlord would never let to us again as we were to blame), I intend to write to the landlord explaining what happened. 






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