There is a right to retention to the holding deposit for failing to enter a tenancy agreement in that should a tenant choose not to enter a tenancy agreement, or fail to take reasonable steps to enter a tenancy agreement, a landlord or agent may be able to retain the holding deposit. This right to retention becomes live 48 hours after having paid the holding deposit.

Reasonable steps would include providing the information a landlord or agent would require to set up a tenancy when requested. Again, each case will be different and a landlord or agent would need to be content that a tenant was clear of what was required of them, but had