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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hello I am a landlord. I own a family run letting agencey,

Customer Question

Hello
I am a landlord.
I own a family run letting agencey, internet based.
I have recently taken an application for a property from a young women.
She has paid £75 application fee.
She has paid a £250 holding deposit.
I state on my applications and my website and my emails, that the money is treated as a application fee and holding deposit and none refundable under any circumstances.
She has now the day before move in stated, because I won't accept housing benefit applications she wants her money back on full.

This is my problem. I do accept housing benefit applications. But she still wants her mowny back.

My question is this. Does she have a legal right to h&r mkney back.
She paid me £75 for an application check 17 days ago which she has passed.
She has paid £250 holding deposit 13 days ago, the same day she passed the application.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : The answer is no.
Alex Watts : As long as you make it clear on any paperwork that the fees are not refundable then you do not have to hand it back.
Alex Watts : If the documents make it clear and she has agreed to these terms you do not need to give it back.
Alex Watts : Clearly this is a commercial decision for you and as she is on benefit this is a lot of money to her.
Alex Watts : You may wish to consider giving some of it back.
Alex Watts : But if you made it clear it can not be refunded then you do not have to give it back.
Alex Watts : Can I clarify anything for you about this today please?
Alex Watts :

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