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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49868
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I run a day care nursery. A parent was offered a full-time

Customer Question

I run a day care nursery. A parent was offered a full-time place and paid a deposit of £250. This is refunded in the final months fees with a notice period. The child was due to start in August but the parent has decided to withdraw the child's place. She is demanding the return of the deposit - is she entitled to this? I have not yet filled the place as we do not receive many requests for full-time places.
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Are you likely to fill the place?
Customer: replied 2 years ago.

I am unlikely to fill the full-time position. On previous experience I may get requests for a couple of 2 day places, but full-time places are rare

Expert:  Ben Jones replied 2 years ago.
Sorry for the slight delay, my connection dropped earlier. Going back to your query, when this person booked a place with you and paid a deposit they would have entered into a legally binding contract. You would have been under an obligation to provide the space which was booked and they would have been obliged to take it. If either of you did mot meet your obligations you would have acted in breach of contract and the aggrieved party would have been able to seek compensation for any damages or losses incurred through that breach.
In your case, you have a vacant space for which you will not get any further fees. Assuming the space remains vacant you would be able to retain the deposit to cover to cover any losses which you have incurred. However, at the same time you would have a duty to try and minimise your losses so the most obvious thing to do is to try and fill that space. If you manage to fill the space without any additional costs then you would be expected to return the deposit as you should not make a profit out of the situation. If you do not fill the space in time or at all and as a result you suffer losses then you are able to retain the deposit to compensate for the other party’s breach of contract.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 2 years ago.
Thank you for your help
Expert:  Ben Jones replied 2 years ago.
You are most welcome all the best