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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69262
Experience:  Over 5 years in practice
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Hello, I like 1 studio flat 2 weeks ago 25th of April and

Resolved Question:

I like 1 studio flat 2 weeks ago 25th of April and would like to move in on the next Month 23 and i asked the Agent to hold the property for 1 Month, he said If we give hum some Deposit to hold the property, but i delayed 2 weeks and then i transferred him £500 for a holding deposit to agent and the next day he said that property is already let by landlord and he refund my money with deduction of £150 as he mentioned me in the begining!
can he deduct that money legally ?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

On what basis did he deduct money from the deposit if you had not moved into the property please?
Customer: replied 2 years ago.

Actually my friend is coming from India and he wants to stay in that place for just 3 months

he deduct the money as he said ' you gave me deposit after two weeks when you said he will give me deposit after 2 days and when i transfer the money to his account he refund me the next day with deduction of £150 as his Agency fee he mentioned me in the beginning!
as he legally allowed to deduct that money ?


Expert:  Jo C. replied 2 years ago.

So what was the basis for deducting that sum ?
Customer: replied 2 years ago.

the base was that the landlord and agency was bound for us as we delayed to give him deposit then he said after two weeks the landlord get new tenant by themselves after waiting the deposit from us that is why agent is charging his fee!


Expert:  Jo C. replied 2 years ago.

Unless it was specifically said at the beginning that if you paid a deposit the agent would deduct £150 administration fee from it if it had to be returned to you then he cannot do that. It really is as simple as that.

However unless you have that in writing and it was explained clearly and specifically to you I would not accept what the agent says and I would make a formal complaint. Formal complaint is not likely to make the agent changes mind and therefore you would have no alternative but to issue small claims
court proceedings against him to let the court decide the matter.

Here is the link to the Small Claims Court where you can quickly and easily issue court proceedings for the £150.

It is highly likely that they will not want to go to court and will refund you before then.

If you paid the deposit by credit card you can file a section 75 Consumer Credit Act claim with the Credit Card company and they will in all probability refund your card and take the money back from the agent.

Can I clarify anything for you?

Jo C., Barrister
Category: Law
Satisfied Customers: 69262
Experience: Over 5 years in practice
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