What is a holding deposit?

A holding deposit is a payment of up to one week's rent that a landlord or letting agent can take to reserve a rental property while your application is processed. It's governed by strict rules under the Tenant Fees Act 2019 about when it must be returned and when it can be retained.

A holding deposit isn't the same as a security deposit. It's a smaller, upfront payment (capped at one week's rent) that you pay to take a property off the market while tenant referencing and other processes are completed. Once the tenancy is agreed, the holding deposit is either put towards your first month's rent, put towards your security deposit, or returned to you.

The Tenant Fees Act 2019 sets strict rules about holding deposits. The landlord or agent has a "deadline for agreement", which is 15 days from when you paid the holding deposit, unless both parties agree a different period in writing. If the tenancy isn't agreed within that deadline, the holding deposit must be returned to you in full.

There are only three circumstances in which a landlord can keep your holding deposit:

  1. you provided false or misleading information that materially affected your application,
  2. you failed a Right to Rent check (not a credit check), or
  3. you pulled out of the tenancy after agreeing to proceed or didn't sign the tenancy agreement.

If a landlord refuses to return your holding deposit when they should, you can take the matter to the First-tier Tribunal, which can order repayment.

Frequently asked questions

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Can a landlord take more than one week's rent as a holding deposit?

No, the Tenant Fees Act 2019 caps holding deposits at one week's rent. If a landlord or agent asks for more, they're breaking the law and you can report them to your local council's trading standards team.
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Can the landlord keep my holding deposit if I change my mind?

Yes, if you withdraw from the tenancy after having agreed to proceed, the landlord can retain the full holding deposit. This is one of the three permitted reasons for a landlord to keep it under the Tenant Fees Act 2019.
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Is a holding deposit protected in a deposit scheme?

No, holding deposits aren't covered by the tenancy deposit protection rules. They're a separate payment governed by the Tenant Fees Act 2019. Your security deposit, which is paid later, must be protected in a scheme.
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