Updated October 2026
In short: If a landlord or agent decides not to go ahead after taking your holding deposit, they must refund it in full within seven days, unless an exception applies (such as you giving false information or failing right to rent checks). Holding deposits are capped at one week's rent under the Tenant Fees Act 2019.
| Situation | Can they keep the holding deposit? |
|---|---|
| Landlord changes their mind or lets to someone else | No, it must be refunded within 7 days |
| Tenancy goes ahead | It's returned or put towards the first rent or deposit |
| You withdraw | Yes, they may keep it |
| You gave false or misleading information | Yes, if it affected the decision |
| You fail a right to rent check | Yes (unless they knew you wouldn't pass) |
| You don't take reasonable steps to agree by the deadline | Yes; the default deadline is 15 days unless agreed otherwise |
Getting your money back
| 1 | Ask in writing Email the landlord or agent asking for a full refund within 7 days, quoting the Tenant Fees Act 2019. |
| 2 | Escalate Use the agent's complaints procedure, then their redress scheme. |
| 3 | Contact Trading Standards Councils enforce the Tenant Fees Act and can fine landlords and agents. |
| 4 | Small claims You can claim through the county court if needed. |
If they kept it wrongly
If a landlord or agent keeps a holding deposit without a valid reason, they must explain in writing why within seven days. If they don't, they generally must repay it. Keep copies of all messages and payment receipts.
How Fraser Bond handles holding deposits
- Clear written terms before you pay
- Deadlines for agreement agreed up front
- Prompt refunds if a let doesn't proceed for reasons outside your control
- Compliance with the Tenant Fees Act and the 2026 rules
Related guides
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