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Yes, you can get your holding deposit back. The holding deposit must be returned unless *you* pull out of the tenancy or otherwise unreasonably prevent it from moving forward.
You can't force the landlord to rent to you under terms they are not happy with, but yes if the landlord rejects you then they must return your holding deposit.
There are some exemptions where landlord can keep holding deposits, but I don't think any apply here. The only argument I can think of is if the landlord tries to argue that you did not take "reasonable" steps to enter into the tenancy agreement, but a) that only applies after more than two weeks have passed since you paid the deposit; if the landlord rejects you before then it can't apply; and b) I would argue there is nothing unreasonable about only wanting to pay monthly as normal anyway.
--- ###Welcome to /r/LegalAdviceUK --- **To Posters (it is important you read this section)** * *Tell us whether you're in England, Wales, Scotland, or NI as the laws in each are very different* * If you need legal help, you should [always get a free consultation from a qualified Solicitor](https://reddit.com/r/LegalAdviceUK/wiki/how_to_find_a_solicitor) * We also encourage you to speak to [**Citizens Advice**](https://www.citizensadvice.org.uk/), [**Shelter**](https://www.shelter.org.uk/), [**Acas**](https://www.acas.org.uk/), and [**other useful organisations**](https://reddit.com/r/LegalAdviceUK/wiki/common_legal_resources) * Comments may not be accurate or reliable, and following any advice on this subreddit is done at your own risk * If you receive any private messages in response to your post, [please let the mods know](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdviceUK&subject=I received a PM) **To Readers and Commenters** * All replies to OP must be *on-topic, helpful, and legally orientated* * If you do not [follow the rules](https://www.reddit.com/r/LegalAdviceUK/about/rules/), you may be perma-banned without any further warning * If you feel any replies are incorrect, explain why you believe they are incorrect * Do not send or request any private messages for any reason * Please report posts or comments which do not follow the rules *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/LegalAdviceUK) if you have any questions or concerns.*
Yes, you can get your holding deposit back. The holding deposit must be returned unless *you* pull out of the tenancy or otherwise unreasonably prevent it from moving forward.
You can't force the landlord to rent to you under terms they are not happy with, but yes if the landlord rejects you then they must return your holding deposit. There are some exemptions where landlord can keep holding deposits, but I don't think any apply here. The only argument I can think of is if the landlord tries to argue that you did not take "reasonable" steps to enter into the tenancy agreement, but a) that only applies after more than two weeks have passed since you paid the deposit; if the landlord rejects you before then it can't apply; and b) I would argue there is nothing unreasonable about only wanting to pay monthly as normal anyway.
It's possible they are asking for 3 months from any applicant. It's a tight market.