We have a problem 5 days ago we decided to put a deposit…

If the agreement was that you had a 5 day cooling off and you have cancelled in that time you have a right to get your money back.

You have to send them a letter of demand requesting ther refund and also send them the booking invoice as well as the termination email to support you have terminated in the 5 days.

If they refuse then you report them to Fair Trading and also commence an action with NCAT

http://www.ncat.nsw.gov.au/

They have falsely advertised that you have the right to a refund if terminated in 5 days if they now refuse to refund you and this is a breach of the Australian Consumer Laws.

Here is the law as it stands in all of the australian states

https://www.accc.gov.au/business/advertising-promoting-your-business/false-or-misleading-statements

Unfortunately you may have to take action if they refuse to refund you after you send the letter.

I hope this has answered and assisted you with your question today.

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Let me know if I have answered your question today.

Regards

Leon

You mentioned there was a cooling off.

When you booked were there any terms and conditions that you agreed to?

can you send me the link to look at?

Also why are you wanting to cancel?

The booking I need to see what you signed up for

Is there anything that you can show me?

If not how are you certain it was legitimate?

So this is not a holiday rental but a normal lease for a house?

Have you signed any lease agreement?

Do you have an email from them or something?

Did he ask for a bond?

If the answer to this is no he is in breach of the Residential tenancy act.

Here is some information.

Costs at the start

A landlord/agent can ask you to pay only:

• a holding fee
• rent in advance
• a bond.

Get a detailed receipt for any payments you make.

Financial help

The Rentstart loan scheme helps disadvantaged tenants in the private rental market with money for bond and rent in advance. Apply through Housing NSW (phone 1300 468 746).

Holding fees

A landlord/agent may ask you to pay a holding fee on approval of your application for a tenancy. The most they can ask for is one week's rent.

The landlord/agent can hold only one fee at a time. On receiving a holding fee, they cannot enter into an agreement with another prospective tenant for 7 days (or longer, if you both agree).

Upon signing the tenancy agreement, the fee will go toward the rent from the first day of your tenancy agreement.

The landlord/agent must refund the fee if:

• they decline to enter into the tenancy agreement, or
• you refuse to enter into the tenancy agreement because the landlord/agent made any false or misleading statement, or they failed to tell you any 'material facts'.

If you otherwise decide not to enter into the tenancy agreement, the landlord/agent can keep the fee.

You appear to have paid a holding fee and they have to refund you.

You have cancelled in 5 days and you can get the money back

Here is the link that has more information

https://www.tenants.org.au/factsheet-02-starting-a-tenancy

Report them to Fair trading and also start an action to NCAT after you send them the letter.

Regards

Leon

The law is the Residential Tenancy Act

You quote what I have sent you.

The landlord/agent must refund the fee if:

• they decline to enter into the tenancy agreement, or
• you refuse to enter into the tenancy agreement because the landlord/agent made any false or misleading statement, or they failed to tell you any 'material facts'.

​You have not signed the agreement and you have to be given a refund.

Section 24(3)

http://www5.austlii.edu.au/au/legis/nsw/consol_act/rta2010207/s24.html

You have notified then that you do not want to proceed within 7 days

(3) If a tenant has paid a holding fee, the landlord must not enter into a residential tenancy agreement for the residential premises with any other person within 7 days of payment of the fee (or within such further period as may be agreed with the tenant) unless the tenant notifies the landlord that the tenant no longer wishes to enter into the residential tenancy agreement.

I am not sure what you mean?