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Do you have a copy of what you signed stating the terms of the holding deposit?
So, technically, you did not withdraw. The agent has not provided the documents in order to complete, is that correct?
Who is the agent?
Then your case is that the agent failed to provide the correct tenancy agreement and if it had done so you would have proceeded with the letting. As such, you have not withdrawn. It is the fact that lawman and daughters could not proceed by not providing a suitable tenancy agreement.
Hopefully you have all this recorded in email correspondence.
Must suggestion is that you formally write to the agent, send by normal and recorded delivery.
In the letter set out the facts, with particular emphasis on (1) the terms of the holding deposit and (2) the agency 's failure to produce a suitable tenancy agree (3) therefore the agency/landlord has been unable to proceed with the letting and as such you demand the return of the deposit within 14 days from the date of the letter (4) failure to return the deposit within the specified period will result in the matter being referred to the small claims court and not only claim the deposit but also court fees and 8 % interest.
You use moneyclaimonline.com to recover the funds. You have to send a letter before action first. If you get no response or no refund then put the claim in.
No guarantees of success can be given, each case turns on its facts and it will be down to how the court interpret the terms of the holding deposit and conduct of the parties.
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