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Question

Deposits and Tenancy Deposit Schemes (England) | England | Start of a Tenancy (England)

Holding Deposit to be retained

19 Sep 2020 | 1 comment

Hi,

I took a holding deposit on 07.09.20 on behalf of a landlord to secure a property.

I have completed (and have been invoiced for) the credit checks and referencing and the landlord has sent out her tenancy agreements for signature by the tenant.

The tenant has yet to return the agreements sent to her on 08.09.20 and has now emailed the landlord to say she may have to withdraw her application and will confirm on 22.09.20 (the deadline date)

I just want to check that if she does withdraw her application, the holding deposit can be retained as the landlord has taken all reasonable steps to grant a tenancy.

Do I need to send the applicant your F110D form if she does decide to withdraw her application on 22.09.20?

Answer

1 Comment

  1. guildy

    The first thing is you ideally need the withdrawal “before” the deadline for agreement date. The legislation specifically says it can be retained if they withdraw before the date (not on or before).

    Yes, you are right that in order to retain the holding deposit, you must serve the letter within seven days of the decision to retain it (which would be the same date as withdrawal).

    Please see here for full details.

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