Booking Deposit Return Before Lease Signed

AnAthas

Registered User
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I showed an apartment to a potential tenant a week ago and agreed to let it to her in a weeks time. She handed over a booking deposit to keep the house and the lease was to be signed when she moved in next week.

She rang and has said she is not going ahead but wants the deposit back.

The house has been off the market now for a week. What are my rights. Can I keep her deposit?
 
As far as I know, booking deposits are non refundable and non transfarable. A booking deposit is to hold the property. If the tenant decides not to proceed, they lose the booking deposit.
 
I would say that until a lease is signed she can back out and the deposit is refundable. You could call the PTRB for clarification.
 
Unless you told her at the time that the deposit was non-refundable in the event she did not proceed ( and preferably get her to sign something to that effect) then it is refundable in my opinion. Lesson learned for you.
 
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