Some landlords also ask for a different type of deposit - a holding deposit. Holding deposits are paid to reserve the property before signing the tenancy agreement and they will not be protected by a scheme.
It is capped at one week's rent and is often deducted from your first rent payment if the tenancy goes ahead. A landlord or agent should stop advertising a property once a holding deposit has been paid, and they are not permitted to take multiple holding deposits for the same property.
The landlord must give you a copy of the tenancy agreement for you to read through first. It's important you know what terms you would be entering into before you give the landlord any money.
The landlord is entitled to keep the holding deposit if you pay it but then change your mind about renting the property, unless you had a good reason. You should get your money back if the landlord changes their mind, unless you gave false information about yourself.
Landlords will usually have 15 days to enter into a tenancy agreement with you once a holding deposit has been received by the landlord or agent. However, the law allows both parties to agree a different deadline in writing.
HMO landlords (3 bedrooms or more) will want to make sure tenancy agreements are signed within the six-month window needed to use the student eviction ground (Ground 4A), so you may be asked to pay a holding deposit several months before you can actually sign the tenancy agreement. For example, you might reserve a property in October or November for a July move-in date. In that situation, the landlord may ask you to sign a written agreement extending the normal deadline, allowing them to hold the property for you until the tenancy can be formally signed later in the year.
Be cautious if you are asked to sign a reservation agreement, pre-let agreement or similar document before signing a tenancy. These arrangements are still relatively new and it may not always be clear what rights and obligations they create. In addition, the longer the period between paying a holding deposit and signing a tenancy agreement, the more likely it is that circumstances could change. You will likely lose your deposit if you change your mind.
For more information about these deposits, you can visit the Holding Deposits section of the Tenant Fees Act 2019 guidance (starting on page 43).