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UKSolicitorJA, Solicitor
Category: Property Law
Satisfied Customers: 6657
Experience:  English solicitor with over 12 years experience
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Are you in the United Kingdom? I need to ask a question to a

Customer Question

hello are you in the United Kingdom?
JA: What steps have been taken so far? Has any paperwork been prepared or filed?
Customer: I need to ask a question to a English Property Lawyer please?
JA: Have you talked to a lawyer about this?
Customer: my question is: Prior to viewing a property for rent; we were asked to pay across a week’s rent as a holding deposit (£691.15) which we paid to the Estate Agent. However, due to circumstances beyond our control we have not been able to go ahead with the rental. We have not signed any rental Agreement.Surely, we are entitled to our deposit back? Please advise.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: just make sure that I will be chatting with a United Kingdom Lawyer
Submitted: 3 months ago.
Category: Property Law
Expert:  UKSolicitorJA replied 3 months ago.



I am an English Solicitor.


Were you told that the holding deposit is refundable?

Customer: replied 3 months ago.
the holding deposit was not part of the rental agreement. It was just to reserve the property to give us time to apply for the letting.
Customer: replied 3 months ago.
no. not possible to call me. please respond here
Customer: replied 3 months ago.
This was to be a Company Let. the "reservation fee" was the equilivent to the first week's rent
Customer: replied 3 months ago.
hello? are you still there?
Customer: replied 3 months ago.
I complained to JustAnswer in an email. as I was not give an opportunity to continue with the chat. I was concerned that this was a scam just to get more money from me. Expected better from the UK.
Expert:  UKSolicitorJA replied 3 months ago.

I am afraid in that case you are not entitled to the refund of the holding money.


It was your choice not to proceed with the tenancy, so they are entitled to retain the reservation fee unless you had agreed with them that it was refundable whether or not you went ahead and entered into a tenancy agreement.


Sorry, but I have a duty to be honest with you.


May I help further?

Customer: replied 3 months ago.
Thank you
Expert:  UKSolicitorJA replied 3 months ago.

You are welcome. Please click on 5 stars to leave a rating so that I am credited for assisting you.


Thank you

Customer: replied 3 months ago.
I checked with the terms of the rental agreement which are advertised in their website. It clearly states that the one-week’s holding deposit IS refundable.
Expert:  UKSolicitorJA replied 3 months ago.

In that case, you should point this out and ask them to refund it or face legal action for the money. If they still fail to pay it back to you you may then file a claim in the small claims court at


All the best. I await your positive rating so that this question can be closed.