How much you can be charged and when a holding deposit should be returned.

What is a holding deposit?

A holding deposit is a payment to a landlord or agent to reserve a property.

In most cases, you should get the money back if the landlord decides not to rent to you.

Only pay a holding deposit if you're serious about taking on the tenancy. The landlord or agent might keep the money if you decide not to go ahead.

Most other charges such as reference fees are banned from 1 June 2019.

How much you can be charged?

From 1 June 2019, a holding deposit can’t be more than 1 week’s rent.

How to calculate:

Monthly rent x 12 ÷ 52 = maximum holding deposit

Ask the landlord or agent to refund any money you've paid above this limit.

You can report them to trading standards at the council if they refuse and claim back any excess by applying to a tribunal.

What should happen when you pay

The landlord or agent should stop advertising the property.

They are not allowed to take a holding deposit from more than one person for the same property at the same time.

Entering into a tenancy agreement

You have 15 days from when you pay a holding deposit to enter into a tenancy agreement. This is called the deadline for agreement.

You can agree a different deadline with the landlord or agent in writing.

If you enter into a tenancy agreement, the landlord can either:

• return your holding deposit within 7 days of agreeing the contract

• put it towards a tenancy deposit or the first rent payment with your permission

  You could lose your holding deposit if you decide not to go ahead, or don't take reasonable steps to agree a tenancy by the deadline.

  Once you've signed a tenancy agreement, this will usually be legally binding unless you can end the tenancy early The landlord might be able to keep the holding deposit as part of any agreement to release you from the contract.

  If the landlord decides not to rent to you

  You should normally get your holding deposit back within 7 days if either the:

• landlord decides not to offer you a tenancy

• deadline has passed but you took all reasonable steps to agree a tenancy by then

  When the landlord can keep a holding deposit

  The landlord or agent can only keep your holding deposit if you:

• decide not to rent the property

• misled the landlord or agent

• fail a right to rent immigration check

  The landlord can’t keep the money for any other reason.

• For example, you should still get your holding deposit back if you fail a credit check, provided you told the truth about your situation.
• The landlord must write to you within 7 days to explain why they are keeping the holding deposit. If they don't, they must return the holding deposit in full.
• If you decide not to rent the property

Your landlord or agent can normally keep the holding deposit if you either:

• decide not to go ahead with the tenancy

• don't take the necessary steps to agree a tenancy by the deadline

  You should still get your money back if you decide not to rent the property because the landlord has acted unreasonably. This could include if they significantly change the terms of the tenancy or ask you to pay a banned fee.
  

  Misleading statements

  The landlord or agent can keep the money if you have misled them about something that affects whether they offer you a tenancy.

  For example, if you said your income was a lot higher than it is.

  How to get your holding deposit back

  Write to the landlord or agent if they keep a holding deposit when they shouldn't do. Ask for your money back in full.

  You can also complain to:

• trading standards at your council

• a letting agent redress scheme if the agent is a member

  Trading standards can help you apply to a tribunal to get your money back and can fine the landlord or agent.

  Find out more on GOV.UK about applying to a tribunal.

  A redress scheme can investigate your complaint and tell the agent to apologise or compensate you.

   

  At I Am The Agent the Landlords using the system will be dealing directly with the tenants after our introductions, so please do contact us on 0203 970 0999 or email security@iamtheagent.com if there is any issue with the landlord not following the guidance.

   

  With help and contribution from Shelter and gov.uk