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sister in landlord deposit dispute
danlightbulb
Posts: 946 Forumite
Hi all,
Need some advice for my sister, heres the story:
She rented a flat for 12 months. Initially she paid £900 deposit to the landlord and signed a 6 month contract. At the end of the 6 months my sister renewed, but she renewed with the original landlord's ex-wife (there had been a divorce settlement and she got this particular property as part of the settlement). So my sister now has a contract with the ex wife of the original landlord.
When she moved out in early January 07, the new landlord wouldn't give her the deposit back, saying it was the responsibility of the original landlord as that is who it was paid to.
After several months of calling, leaving messages and writing letters she has still not got anywhere.
I have been looking on the net for her and have found bits and pieces that suggest that the new landlord was responsible for returning the original deposit. Therefore I have helped my sister to write a final letter telling this woman that we are going to take her to small claims. The 14 day deadline on that is now up so we intend to go through the online small claims process.
Can anyone offer any advice on what to put, legal standpoint on this etc.
Many thanks
Dan
Need some advice for my sister, heres the story:
She rented a flat for 12 months. Initially she paid £900 deposit to the landlord and signed a 6 month contract. At the end of the 6 months my sister renewed, but she renewed with the original landlord's ex-wife (there had been a divorce settlement and she got this particular property as part of the settlement). So my sister now has a contract with the ex wife of the original landlord.
When she moved out in early January 07, the new landlord wouldn't give her the deposit back, saying it was the responsibility of the original landlord as that is who it was paid to.
After several months of calling, leaving messages and writing letters she has still not got anywhere.
I have been looking on the net for her and have found bits and pieces that suggest that the new landlord was responsible for returning the original deposit. Therefore I have helped my sister to write a final letter telling this woman that we are going to take her to small claims. The 14 day deadline on that is now up so we intend to go through the online small claims process.
Can anyone offer any advice on what to put, legal standpoint on this etc.
Many thanks
Dan
0
Comments
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Who was your sister paying rent to? And who was responsible for maintenance of the property? If it was this lady then she is liable to give your sister the deposit back as she is the landlady.
It's none of your sister's business whether the woman's ex-husband gave her the money for the deposit. The landlord of the property is liable to give the deposit back. And it's likely the ex-husband's divorce agreement with this lady was that the property, maintenance for the property etc have all been transferred to her anyway.
If you are really unsure contact shelter.org.uk and phone an advisor. Then start court proceedings. The fact that she will get court papers will make the landlady react to you.I'm not cynical I'm realistic
(If a link I give opens pop ups I won't know I don't use windows)0 -
What does the tenancy agreement say? Does it mention a deposit in that? I think mine does something like "I agree to pay one month in advance & 1 months deposit at the beginning of the tenancy". Hence if there's a problem I would take it up with whoever signed the document. Otherwise she might be better pursuing the original landlord.
Anyone else got any thoughts?"Mrs. Pench, you've won the car contest, would you like a triumph spitfire or 3000 in cash?" He smiled.
Mrs. Pench took the money. "What will you do with it all? Not that it's any of my business," he giggled.
"I think I'll become an alcoholic," said Betty.0 -
Yes, surely the transfer of property as a settlement should have covered the deposit(s) being held at the time and who was responsible. It would be a short odds bet that the original landlord and his ex are arguing over who's responsibility it is (or their solicitors are). As the tenant should have had notice of the new landlady taking over the property then, if that says something to the effect that the new landlady has responsibility for everything, then get the money back off her. If the arrangement is informal then get the money back off him as the only documentation you will have will be with his name on it.Guy_Montag wrote: »What does the tenancy agreement say? Does it mention a deposit in that? I think mine does something like "I agree to pay one month in advance & 1 months deposit at the beginning of the tenancy". Hence if there's a problem I would take it up with whoever signed the document. Otherwise she might be better pursuing the original landlord.
Anyone else got any thoughts?A house isn't a home without a cat.
Those are my principles. If you don't like them, I have others.
I have writer's block - I can't begin to tell you about it.
You told me again you preferred handsome men but for me you would make an exception.
It's a recession when your neighbour loses his job; it's a depression when you lose yours.0 -
If the renewed contract was with the ex-wife and the original contract was with the ex-husband, I would guess that the ex-wife is going to claim she didn't take a deposit and so there is nothing to return. SHe will probably say the tenant shoud have received the deposit back from the ex-husband at the end of the original 6 month contract with him. She could add that she didn't pursue for a deposit as she knew/ thought the tenant may have problems getting the deposit back from her ex.I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.0
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danlightbulb wrote:there had been a divorce settlement and she got this particular property as part of the settlement
.... along with a sitting tenant.0 -
If the renewed contract was with the ex-wife and the original contract was with the ex-husband, I would guess that the ex-wife is going to claim she didn't take a deposit and so there is nothing to return. SHe will probably say the tenant shoud have received the deposit back from the ex-husband at the end of the original 6 month contract with him. She could add that she didn't pursue for a deposit as she knew/ thought the tenant may have problems getting the deposit back from her ex.
Can she legally do this because if we go to small claims this might be what her defence will be. What should our response be to this?0 -
She will now be the legal owner of the property, with sitting tenant, complete with contract and all the ramifications that entails.
The ex husband has no responsibility to the tenant, that all passed when the settlement gave the property to the wife.
Your claim is with the wife who is the landlord and has all the responsibility that entails, if she thinks the husband owes her the money - that's her problem but nothing to do with you.
If she stalls any more, state in writing she has 14 days in which to return the deposit (send by recorded delivery) then issue via the small claims.0 -
Does the new agreement mention anything about a deposit?Well life is harsh, hug me don't reject me.0
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Seriously contact shelter.
A tenancy agreement is a legally binding contract if it was renewed and mentions the deposit landlady is liable to pay it back. Even if it wasn't renewed in that way but you got a letter stating she is now the landlady, she is responsible for paying the deposit back.
She can argue what she likes but she needs to get reimbursed from her ex-husband not your sister. (And as I stated before she won't.)
Tenancy agreements (Unfair terms in consumer contracts 1999) have to be fair so it's the landlady you chase.
Put it another way if your sister refused to pay rent who would be able to legally evict her? The new landlady or her ex-husband? It would be the person who is legally recognised as the landlord which is the woman.I'm not cynical I'm realistic
(If a link I give opens pop ups I won't know I don't use windows)0 -
Many thanks everyone. We are going to go small claims against the landlady and see what happens. We have already given her 14 days notice and no contact so she's had her chance.0
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