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Can an agent keep my holding deposit because my references failed, or because the move-in kept getting delayed?Beta*

Finding a home and applying
Private renting in England since the Renters' Rights Act 2025, unless the question says otherwise. General information, not legal advice.

Only in limited cases, and they must explain why in writing. If a landlord or agent decides to keep a holding deposit, they must tell you in writing within 7 days of deciding, giving the reason. If they don't, they lose the right to keep it, even if they would otherwise have had a good reason. A failed reference only justifies keeping it if you gave false or misleading information. Being turned down for a reason you had no control over doesn't. If the delay was on the landlord's or agent's side and the deadline for agreeing the tenancy (normally 15 days) passed because of them, the whole deposit must come back within 7 days.

On this site: Template letters

Sources: GOV.UK: Tenant Fees Act guidanceShelter: holding deposits

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Savvy Renter — savvyrenter.co.uk · free tools for renters. Answers checked 15 October 2026. The full list is also published as faq.json.
* Beta: new page, not yet reviewed by a housing adviser. General information, not legal advice.