Asked by: Aduen Thangaraj
real estate real estate renting and leasing

Should I pay a holding deposit?

Last Updated: 25th February, 2020

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Once you've paid a holding deposit, the letting agent or landlord should hold the property off the market for you until your checks are returned and you have signed the contract. The holding deposit will usually be deducted off any security deposit, should you proceed with the tenancy.

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Thereof, do you get a holding deposit back?

A holding deposit is money paid when you've agreed to rent a property, but haven't signed a contract. Usually a holding deposit is set against a security deposit, or is refunded when you move in. If the agreement is cancelled, and it's not your fault, the holding deposit should normally be returned to you.

Secondly, is it illegal to hold a tenant's deposit? If you originally agreed your tenancy on or after 1 June 2019, it's illegal for your landlord to force you to pay a deposit of more than 5 weeks' rent (or 6 weeks' rent if your annual rent is more than £50,000). It also doesn't have to be protected if you rent privately and have an assured or protected tenancy.

In this way, how long is a holding deposit valid for?

Landlords are only allowed to keep your holding deposit for 15 days, unless you agree another deadline in writing. If the landlord has failed to accept or reject your application by the deadline, then the money must be returned to you in full.

How much should a holding deposit be?

A holding deposit will generally be equal to one weeks' rent.

Related Question Answers

Tarcisio Cabellos

Professional

Can a landlord keep my holding deposit?

Landlord - if the landlord or letting agent fails to hold a property after receiving a holding deposit, or decides to rent it to someone else following checks, this should be returned to the prospective tenant in full. You are not permitted to take multiple holding deposits for the same property.

Nasima Yudke

Professional

Do you get holding fee back?

If you do sign the contract, the holding fee will usually go towards your deposit, first rent payment or other admin fees (see below). If you back out, they keep the holding fee and put the property back out onto the market.

Numan Twent

Professional

Can I get my holding deposit back if I change my mind?

If the tenant changes their mind and doesn't take the property, you must grant a holding deposit refund and return their holding deposit minus any costs you've incurred on their behalf and any loss of rent you've suffered as a result of their action.

Vitalii Bodiu

Explainer

What does a holding deposit mean?

A holding deposit is a sum of money that you pay to your prospective landlord or lettings agency to reserve a property and make sure nobody else gets to view it. A holding deposit is not the same as a tenancy deposit.

Itxaro Elbeze

Explainer

How much is a holding fee renting?

A landlord/agent may ask you to pay a holding fee on approval of your application for a tenancy. The most they can ask for is one week's rent. The landlord/agent can hold only one holding fee at any one time.

Dalton Maestre

Explainer

How much of my deposit will I get back?

If your deposit is protected. You should usually get your deposit back within 10 days of agreeing on the amount with your landlord. It can take a lot longer if you and your landlord disagree on the amount that's being taken off.

Neila Spandl

Pundit

Can let agreed fall through?

Let agreed really only means that a tenant and landlord have come to a verbal agreement, although it does typically require the payment of a deposit by the prospective tenant, so there is a level of commitment. Although it is unlikely that a let agreed deal will fall through, it is certainly possible.

Hank Jerihin

Pundit

Can a landlord pull out?

As the contracts are signed and the rent is paid, it is a legally binding tenancy. If the landlord pulls out at the stage, the tenant can sue for breach of contract. If the landlord does not reconsider, the agent will do everything they can to find the tenants suitable alternative accommodation.

Emina Francia

Pundit

What can I do if my landlord won't give my deposit back?

If your landlord doesn't refund the deposit after the seven-day notice, you can sue him in small claims court. If your landlord sends a letter on time saying he is withholding some or all of your deposit, but you think the amount is too high, you can still sue him in small claims court.

Ermita Kuliš

Pundit

Can letting agents charge a holding fee?

The Act permits letting agents and landlords to only charge fees relating to rent, security deposits, holding deposits, or when a tenant breaches a contract. The ban on fees came in to force from 1 September 2019.

Kina Lank

Pundit

Should you pay deposit before signing contract?

According to ARLA, this means that agents and landlords can not ask a tenant to pay their tenancy deposit and/or first month's rent before the contract has been signed. The Tenant Fees Act is drafted in such a way that any money taken prior to the signing of an agreement is treated as a holding deposit.

Makan Borggrafe

Teacher

What does OpenRent mean?

OpenRent. | Property To Rent From Private Landlords.

Ange Ilieva

Teacher

How is holding deposit calculated?

Landlords will be able to take a maximum of one week's rent as a holding deposit.

How Much Is Five Weeks' Rent?
  1. Multiply your monthly rent by 12 to get the annual rent.
  2. Divide the annual rent by 52 to get the weekly rent.
  3. Multiply the weekly rent by 5 to get 5 weeks' worth of rent.

Herve Poulter

Teacher

Can you hold a house for rent?

Landlords do not typically “hold” an apartment for the tenant (without a cost). Tenants can apply and be approved, but if they cannot move in for a month, the tenant would most likely need to still pay rent if they wanted to live there. It is unlikely the landlord will cover the costs.

Azucena Magaña

Teacher

How much is a holding deposit UK?

A holding deposit can be as much or as little as you feel comfortable with, but to give you an idea of what's “normal,” online letting agents usually ask for £100 to £500, depending on the value of the rent.

Teodolina Dragomir

Reviewer

What is the fine for not protecting a deposit?

Penalty - landlords who fail to protect the deposit or give the prescribed information within 30 days of receipt will be liable to pay the tenant between 1 and 3 times the deposit as a financial penalty and the court can order they return the deposit.

Lupicina Bockenholt

Reviewer

What happens if my deposit is not protected?

If your deposit has not been protected you can contact your landlord and ask them to do so immediately. If it is found that your landlord has not protected your deposit they will be ordered to either repay it to you, or to pay it into a custodial scheme within 14 days.

Niurka Toala

Reviewer

Where do landlords keep deposits?

The security deposit check is typically kept by the landlord or property manager in a separate, interest-bearing bank account; and it's returned to the tenant when he or she moves out at the end of their lease.

Adrista Lubutov

Reviewer

Is the deposit protection scheme free?

The Deposit Protection Service (The DPS) is open to all landlords and letting agents, and is the only scheme that is free to use.