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LegalNinja, Property Solicitor
Category: Property Law
Satisfied Customers: 870
Experience:  Solicitor
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I’m currently in the process of getting a rental property

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Hi I’m currently in the process of getting a rental property the start date is September the first however they are asking for the tenancy deposit (security deposit) to be paid by the end of the month is that legal as we technically don’t move in for another 8 months
Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: We have paid for the holding deposit to take the house off the market however we haven’t signed the contract yet
Assistant: Where is the house located?
Customer: In Brighton
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: no that is all the info I have


I will be helping you today.

How much holding deposit did you pay? The reason I am asking is because from 1 June 2019, a holding deposit cannot be more than 1 week's rent.

Customer: replied 6 months ago.
We paid a weeks rent for the holding deposit yesterday

If you enter into the tenancy agreement with the landlord, you can ask that the holding deposit be used towards the tenancy deposit or first month's rent.

There is no need for you to pay a tenancy deposit.

Customer: replied 6 months ago.
However they said we have to pay 619 pounds in two weeks

Is this more than the holding deposit?

Customer: replied 6 months ago.
We paid 181 for the holding deposit

OK, well you can pay the balance once you enter into the tenancy with your Landlord. It is not unusual to ask for the deposit at this stage but you may wish to reach an agreement to pay this at a later date.

Is there anything I can specifically clarify for you?

Customer: replied 6 months ago.
Ahhh the tenancy deposit is to make sure we don’t damage the house however there are still tenants in the house and we haven’t seen the house in the state that it’s gonna be when we move in
Customer: replied 6 months ago.
that was my issue in paying the deposit so early incase they blame any Damage on us as we haven’t even moved in yet

That's correct. You should be provided with a certificate that your deposit has been protected by your landlord. Here is some helpful information about this:

That wouldn't be the case as your deposit is separately protected in one of the approved schemes. Even so, I would ensure that the agents provide you with an inventory checklist.

Customer: replied 6 months ago.
Ahh alright I will make sure to chase them up about it
Customer: replied 6 months ago.
Thank you

It's a pleasure.

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All the best.


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