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1 Comment
At the moment yes although tenant fees are to be banned (most likely from sometime next year).
We doubt it would be a fair term under Consumer Rights Act 2015 to keep the £200. Also, it would depend how they failed. If the tenant had lied about having adverse credit then the costs could be kept but if the agent simply decided not to grant them a tenancy but the references were okay, it should be refunded.
It will all depend on the terms of any agreement the tenant agreed to when applying for the property.