Initial Holding Deposit
Terms & Conditions
Property The address which the applicant has written on their application form as the 'Address applied for'
Rent The rent that has been advertised for the relevant property that is being applied for
1. The Agent acknowledges receipt of the Initial Holding Deposit so as to reserve the Property.
2. The Agent shall not let the Property to any other person other than the Proposed Tenant/s plus any further persons nominated by them as additional tenants. This condition will last until this reservation is cancelled by either party, or until 15 days from receipt of the Initial Holding Deposit, or until the 'Preferred moving in date' as entered on the Tenancy Application Form, whichever is the earlier.
3. The Agent will not take additional Initial Holding Deposits from any parties aside from the Proposed Tenant/s* plus any further persons nominated by them as additional tenants up to the number stated. This restriction will last until the Initial Holding Deposit has been partially or fully refunded to the Proposed Tenant/s*, or allocated to the Proposed Landlord where these Special Conditions, or Schedule 2 of the Tenant Fees Act 2019 allows for this.
4. If a Tenancy Agreement is entered into in respect of the Property at the proposed rent between the parties the Initial Holding Deposit shall be credited in its entirety against the rent payable under the Tenancy Agreement by the Proposed Landlord.
5. If the Tenancy Agreement in respect of the Property is not signed within 15 days of paying the Initial Holding Deposit, or if the reservation has been cancelled by either party, the Initial Holding Deposit shall only be repaid as provided below and not otherwise.
Where the Proposed Landlord/Agent is entitled to retain the Initial Holding Deposit, the reason for this and the amount retained shall be communicated to you in writing within 7 days of the deadline for agreement or the date on which the Proposed Landlord decides not to enter into a Tenancy Agreement. This will be in accordance with these Special Conditions or Schedule 2 of the Tenant Fees Act 2019.
6. This agreement is not intended to create a tenancy in respect of the Property. It does not oblige any party to enter into a Tenancy Agreement. Either party may cancel the reservation. The pre-contract deposit is therefore not a tenancy deposit which is subject to protection under the Tenancy Deposit Protection Scheme in accordance with the provisions of the Housing Act 2004.
7. The Initial Holding Deposit is refundable in full in the following circumstances:-
If the Proposed Landlord does not accept the reservation or does not agree to abide by these Special Conditions
(where this agreement is entered into by the Agent)
The Proposed Landlord withdraws the Property and cancels the reservation
Where all parties have taken all reasonable steps to enter into a Tenancy Agreement but did not sign the
Tenancy Agreement by the deadline for agreement
Where the Proposed Tenant/s* provided accurate information to the Proposed Landlord or Agent and the Proposed Landlord declines to enter into a Tenancy Agreement prior to the deadline.
In all of the above, the Initial Holding Deposit will be refunded in full to the Proposed Tenant within 7 days of the deadline for agreement, or within 7 days of the Proposed Landlord’s decision if it is before the deadline for agreement.
8. The Proposed Landlord does not have to refund any of the Initial Holding Deposit in the following circumstances: -
Where the Proposed Tenant/s* provide false or misleading information that the Proposed Landlord may reasonably believe impacts on their decision whether to offer a Tenancy Agreement to the Proposed Tenant.
Where the Proposed Tenant/s* cancel their reservation prior to the deadline for agreement and the Proposed Landlord and/or Agent have acted in a reasonable manner towards the Proposed Tenant/s*.
Where, prior to paying the Initial Holding Deposit, the Proposed Tenant/s* have confirmed to the Proposed Landlord or their Agent that they have sufficient proof to establish permanent or time limited right to rent in England, and subsequent checks reveal this is not the case.
Where the Proposed Landlord and/or Agent have taken all reasonable steps to enter into a Tenancy Agreement by the deadline for agreement and the Proposed Tenant does not take all reasonable steps to enter into a Tenancy Agreement.
Examples of the parties taking reasonable steps include, but are not limited to, providing sufficient information to collect references, contacting all referees in a timely fashion to allow for responses, performing credit checks, attending an appointment to verify the Proposed Tenant’s right to rent status, providing the security deposit and rent no later than the deadline for agreement.
9. Where more than one person is named as Proposed Tenant either or any of them may cancel this reservation which
will then be treated as a cancellation of the reservation on behalf of all of them.
10. Any cancellation of the reservation by either party must be in writing to be effective.
Please be aware:
- Not all our properties accept DSS tenants. Those that do would require a home-owner guarantor.
- Viewing times are between 9-5 Monday to Thursday and between 9-3 on Fridays.
- We apologies for any inconvenience, but we are unable to offer weekend viewings.
Now you’re ready to move in!