A maximum of 1 week's rent can be taken as a holding deposit for a maximum of 15 days, beginning on the day that the holding deposit was received by the agent or landlord. Not all agents may take a holding deposit, however this is the maximum permitted, regardless of the annual rent amount. The holding deposit must be repaid to the tenant within 7 days if: - the landlord decides not to enter into an agreement within that 15 day period
- the landlord and tenant fail to enter into an agreement within that 15 day period
- a tenancy agreement is entered into by the landlord and tenant.
In this scenario, it is unlikely that the holding deposit will be repaid, as this amount can be used to put towards the first rent payment or security deposit.
There are a number of scenarios whereby the holding deposit can be forfeited such as: - the tenant makes false or misleading statements
- the tenant fails Right to rent checks
- the landlord and tenant can agree to extend the 15 day period – but this must be agreed in writing.
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