Non-refundable deposits

Trebor01

New Member
Jun 11, 2011
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I am a LL and I had a new tenant lined up to take one of my properties fro a 15 month let. The agent took their admin fee and "non-refundable deposit" to take the house off the market. This all happened and for 6 weeks I agreed to wait for the actual let to start as the new tenant was coming over from spain. During this period however, myself and the agent fell out and they dis-instructed from me. The reasons are unrelated to the new tenant but they advised the new tenant this was happening and gave the deposit back to the tenant, although they had agreed to the let and given this deposit which is taken to protect the LL from people from saying they will take take the property and then pulling out. Now I appreciate its not the prospectives tenants fault myself and the agent fell out, but do I have a case to reclaim the "non-refundable" deposit as I have lost 6 weeks + potential business as we had agreed to stop marketing based on this deposit being taken.