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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 802
Experience:  Solicitor with over 15 years experience.
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I put a deposit down on a property to which the estate

Customer Question

I put a deposit down on a property to which the estate agents never told me was non-refundable. I assumed that it was a security deposit as I never signed anything that stated it was a holding deposit.
Unfortunately due to unforseen circumstances i could not rent the property and asked for my deposit to which they refused and told me that the deposit was a holding deposit (this was the first time it was mentioned that it was a holding deposot and non refundable)
I have asked the managing director numerous times to produce the document that I have signed to state that the deposit was non refundable and he spoke to me in a rude unprofessional manner and still refused.
What advice would you give me as it was quite a large sum of money?
Submitted: 10 months ago.
Category: Law
Expert:  LondonlawyerJ replied 10 months ago.

Hello, I am a solicitor with 20 years experience. I will try to answer this for you.

Is the anything in the communication describing the terms under which the deposit was held or perhaps referring to standard conditions on their website?

Customer: replied 10 months ago.
They have only just put on their website all the fees, when I applied to rent the property only the rent fee was shown. When I asked for them as I noticed it wasn't on their website they didnt get back to me until a couple of days later and now suddenly it is on their website.But even the deposit fees that are on their website are now less to what I actually paid.
Customer: replied 10 months ago.
They never never told me it was non refundable, they made it out to me that it was a security deposit. If I knew it was non refundable I wouldnt of put the deposit down as it is a large sum of money.
Customer: replied 10 months ago.
I am only 22 years old and the deposit was half of my wage. As you can imagine this is very fustrating for me.
Expert:  LondonlawyerJ replied 10 months ago.

It sounds like you will have an arguable claim for return of the deposit and should consider bringing a small claim. (that is any money claim under £10.000).

Can you just tell me how did they make out to you that that is was a returnable security deposit?

You should send a letter demanding return of the money within 21 days. Tell them that if they do not return it in full you will issue proceedings against them. The method of doing this can be found here https://www.gov.uk/make-money-claim-online

Customer: replied 10 months ago.
The agent said that its £500 deposit and his exact words were "You'll get the deposit back after the tenancy is up and if you would like to leave the property"I've rented before and that to me sounds like a security deposit for damages.
Expert:  LondonlawyerJ replied 10 months ago.

Yes it does, you seem to have a decent claim and should send the letter before action and of they do not pay ot back issue proceedings.