Flat 4, Salvin Court, 96 Torrington Park, London N12 9PJ. LON/00AC/HTC/2020/0016
DECISION
[14]I think that it is more likely than not that the rent was agreed at £700 per month, that appears to have been the advertised amount.[15]The holding deposit is limited to one week’s rent. That amounts to £161.54. Therefore the balance of £518.46 (that is £680 – £161.54) must be repaid to the Applicant.[16]I consider that the Respondent did take all reasonable steps to enter into the tenancy agreement before the period of 15 days expired on 10 March. He sends two texts chasing the Applicant (one is outside of the 15-day period). I consider that the Applicant did not take all reasonable steps. From the text messages, it looks like the Respondent was chasing the Applicant and that until the last moment, the Applicant was not providing any definite information about when he was going to enter into the agreement.[17]I further consider that in his text messages sent on 13 March, the Respondent has set out in writing the reasons why he was not going to return the holding deposit. This notice was given within 7 days of the expiry of the 15-day period.[18]The Respondent is therefore entitled to keep the sum of £161.54. 5 May 2021 Deputy Regional Tribunal Judge Martyński Rights of appeal By rule 36(2) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, the tribunal is required to notify the parties about any right of appeal they may have. If a party wishes to appeal this decision to the Upper Tribunal (Lands Chamber), then a written application for permission must be made to the First-tier Tribunal at the regional office which has been dealing with the case. The application for permission to appeal must arrive at the regional office within 28 days after the tribunal sends written reasons for the decision to the person making the application. If the application is not made within the 28-day time limit, such application must include a request for an extension of time and the reason for not complying with the 28 day time limit; the tribunal will then look at such reason(s) and decide whether to allow the application for permission to appeal to proceed, despite not being within the time limit. The application for permission to appeal must identify the decision of the tribunal to which it relates (i.e. give the date, the property and the case number), state the grounds of appeal and state the result the party making the application is seeking. If the tribunal refuses to grant permission to appeal, a further application for permission may be made to the Upper Tribunal (Lands Chamber).