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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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We have agreed to renting a house that is available on the

Resolved Question:

We have agreed to renting a house that is available on the 18th July and paid a £1000 reservation fee to the agent, but our landlord has said we have to get out of our present house sooner than this property is available (he has given us the fair two months notice). We have found another house that is available in two weeks, so we now don't want the original house. Any chance of getting the £1000 back, or at least part of it?
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

You do not need to vacate your current property on the expiry of your landlord's notice, he would need to go to court to obtain a possession order before he may legally force you out, so you are perfectly okay to vacate on the 18th July 2014 as your landlord will not get a court order before then anyway.

Whether or not you are able to get all or some of the reservation fee back will depend on what has been agreed with the agent, if the fee was non refundable, then you will lose it, if it was refundable, then you should get it back. It also depends on what you and the agent are able to agree upon if no agreement was made about refunding the fee.

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Customer: replied 3 years ago.
on the email from the agent, it just says "s reservation fee of £1000 is payable to....." no mention us made of it being refundable or non refundable. It does say, this will be taken off the deposit when paid.
Expert:  UKSolicitorJA replied 3 years ago.
Thank you.

In that case you need to speak to the agent and ask for a refund if that is what you want.

To give credit to the agent, the fee makes it clear that it is a resevration fee to hold the property for you and no one else and that it will be offset against the deposit.

If the agent turned away other potential tenants, then they could be justified in keeping all or some of it.

Hope this helps