9:08 AM, 13th September 2021, About 2 years ago 13
An estate agent has refused to pay me half of the holding deposit of tenants who withdrew on the point of signing. Does he have the right to hold onto their full holding deposit? When this has happened before, other estate agents have always split it in half with me. Is it solely within the discretion of the agent whether he splits it?
If he does owe me half, who do I complain to? Is it trading standards or the property ombudsman (he has their logo on his website)?
The reason why the tenants withdrew was that I used the NRLA AST (stamped all over with their logo) and followed NRLA advice to include a copy of my headlease so tenants could have full knowledge of that. The agent panicked, and in front of the tenants whose pens were poised to sign, rang me and said “I’ve never seen an AST like this. You’ve included the headlease! I don’t know where to put the date!”
Despite having yellowflashed it everywhere the prospective tenants understandably panicked and upped and left the office. Later the agent agreed there was nothing wrong with my AST.
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