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Is the holding deposit refundable?

In most cases, yes. A holding deposit for an apartment in England is refundable, although the law allows us to retain it in certain circumstances.

When it is normally returned

  • We decide not to proceed with the tenancy & none of the permitted retention reasons applies.
  • You complete the tenancy, in which case it can be returned or credited towards your rent or tenancy deposit with your agreement.
  • The applicable agreement deadline passes without a tenancy being entered into & you have taken reasonable steps to progress it.

When it may be retained

Examples include withdrawing your application, failing a right-to-rent check, providing materially false or misleading information or not taking reasonable steps to enter into the agreement.

We must provide a written reason when retaining the deposit & meet the statutory deadlines. Where a refund is due after we decide not to proceed or the agreement deadline passes, it is generally due within seven days.

Irish deposit rules differ. See the English holding deposit guidance or the RTB’s security deposit guidance.