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Ask SS Legal Advisor Your Own Question
SS Legal Advisor
SS Legal Advisor, Lawyer
Category: Property Law
Satisfied Customers: 1053
Experience:  Senior Caseworker at DL Solicitors
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Once I’ve paid a holding deposit can the agent still hold

Customer Question

Once I’ve paid a holding deposit can the agent still hold viewings? If not, what can we do or what happens to them?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: We’ve done our application and paid our holding deposit. The agent said we have the house but we just needed to view it one last time before we sign contracts. We told her we are handing our notice into our house and she said that’s great. When we arrived she was showing other people around and said 4 others were interested?
JA: Where is the house located?
Customer: Earlswood, Solihull, England
JA: Anything else you want the Lawyer to know before I connect you?
Customer: That’s everything. Two households have now handed in their notice with the idea we already had the house.
Submitted: 1 year ago.
Category: Property Law
Expert:  SS Legal Advisor replied 1 year ago.

Hi there,

Once you have paid a deposit, the general presumption is that no other viewings can be held as this defeats the purpose of the deposit so I am unsure as to why they are still holding viewings.

I would push for the tenancy agreement to be drafted quickly so you can sign and enter into the agreement. Remember, you showed your commitment to the landlord by paying a holding deposit to the property so if the estate agents let the property elsewhere - I would not let this go and consider raising a formal complaint to 1) The property ombudsmen and 2) The landlord

I hope it will not come to this but do keep that in mind should the worst case scenario occur.

I hope this helps and please leave positive feedback. If I can assist with anything else, please do let me know.

Kind regards,

Customer: replied 1 year ago.
Okay what action can we take against them worst case scenario? As we have now handed in notice under false information?
Expert:  SS Legal Advisor replied 1 year ago.

Hi there,

So as instructed, you can raise this with the property ombudsmen. Further information can be found here - https://www.tpos.co.uk/consumers/how-to-make-a-complaint

I hope this helps and please leave positive feedback. Please let me know if I can assist with anything else.

Kind regards,

Expert:  SS Legal Advisor replied 1 year ago.

Hi there,

Just checking to see if you were happy with my response? Please do leave positive feedback and accept my answer.

Kind regards,