UK Landlord Forum / Life

I paid a holding deposit for this apartment after clearly explaining to the agent the sensitivity of my situation. I said I didn't want to provide a landlord reference because I didn't want to alert my current landlord or partner that I was planning to move out. I offered to pay six months' rent upfront, later agreeing to twelve months.

The agent told me to leave the landlord reference section blank, making me believe it could be skipped, or at least delayed, and that the referencing process could still proceed. On that basis, I paid the holding deposit.

After payment, I was informed that Rightmove's system requires the landlord reference to start the checks and that the landlord would only proceed once all references were complete. I explained that a landlord reference would likely be unfairly negative anyway since my partner handled rent payments and was often late, and that submitting it would alert both him and my landlord, which is the situation I had been clear about from the start.

The agent then suggested I enter myself (I am a landlord too) or a previous landlord instead, which I refused to do as it wouldn't be truthful. I therefore decided to withdraw, as I had been led to believe the landlord reference could be skipped, particularly since I had agreed to pay twelve months' rent upfront.

They are now refusing to refund the holding deposit. Do I have a chance to get it back if I escalate? Thank you for the help!

Yes. They're almost certainly not entitled to hold the deposit. You have to do what is needed to enter the tenancy, but that doesn't include lying to circumvent the system they're choosing to use.

Make a formal complaint (by email), and, if they don't return it, I'd make a small claim through the courts (later on, when you're safely in your new home).

In your complaint, you could mention that you believe they are exploiting your situation, in the belief that the circumstances you explained to them mean they know you are not in a position easily to take legal action or that it would be difficult to allow too much communication to your home.

As an aside, while I can understand you not wanting to give yourself as a reference, it would have overcome the problem, and it's going to be less easy to find somewhere to live without a landlord reference, and I'm not sure who you thought you might be misleading, as the agent knew the truth.

I think you need to be realistic.As JPK said,whilst agents or landlords may be sympathetic to your circumstances,it adds complications when there are many other straightforward applicants out there.