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    • mhoc
    • By mhoc 20th Apr 17, 10:03 AM
    • 15,795Posts
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    mhoc
    Problems getting deposit back
    • #1
    • 20th Apr 17, 10:03 AM
    Problems getting deposit back 20th Apr 17 at 10:03 AM
    My son rented a room for 6 months and his tenancy finished at the end of February.

    He still has not had his deposit returned.

    He has been ringing the agency every just about ever day this month and they take a phone number to get back to him but no one ever does.

    Please can I ask what is the next steps?
    “Create all the happiness you are able to create; remove all the misery you are able to remove. Every day will allow you, --will invite you to add something to the pleasure of others, --or to diminish something of their pains.”
Page 1
    • pmlindyloo
    • By pmlindyloo 20th Apr 17, 10:07 AM
    • 10,454 Posts
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    pmlindyloo
    • #2
    • 20th Apr 17, 10:07 AM
    • #2
    • 20th Apr 17, 10:07 AM
    Just a few questions.

    Did the landlord live on the premises?

    Was this a room in a shared house? If so, did your son have a separate or joint tenancy?
    • macman
    • By macman 20th Apr 17, 10:25 AM
    • 40,881 Posts
    • 16,691 Thanks
    macman
    • #3
    • 20th Apr 17, 10:25 AM
    • #3
    • 20th Apr 17, 10:25 AM
    If this was a tenancy and not a lodging arrangement, then was his deposit protected, as is required by law? If it was, then he should apply to the deposit holding company. It should then take no more than 10 days.
    And he needs to stop phoning, and make a written complaint to whoever his contract was with: the LA or the LL.
    No free lunch, and no free laptop
    • mhoc
    • By mhoc 20th Apr 17, 1:34 PM
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    mhoc
    • #4
    • 20th Apr 17, 1:34 PM
    • #4
    • 20th Apr 17, 1:34 PM
    Yes this was a shared house and he had his own room.

    Landlord did not live on the premise.

    I thought all deposits had to be in this scheme now?

    Who does he need to write to as his onky contact us through the letting agency? They just say they will pass his messages and phone number along but nothing seems to happen.

    So if he writes to the letting agency I dont suppose the response will be any better
    “Create all the happiness you are able to create; remove all the misery you are able to remove. Every day will allow you, --will invite you to add something to the pleasure of others, --or to diminish something of their pains.”
    • pmlindyloo
    • By pmlindyloo 20th Apr 17, 1:37 PM
    • 10,454 Posts
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    pmlindyloo
    • #5
    • 20th Apr 17, 1:37 PM
    • #5
    • 20th Apr 17, 1:37 PM
    This is really important. Did he have his own tenancy agreement or was it a joint tenancy with the other occupants of the house?

    Did everyone move out or did someone replace him?
    • macman
    • By macman 20th Apr 17, 3:47 PM
    • 40,881 Posts
    • 16,691 Thanks
    macman
    • #6
    • 20th Apr 17, 3:47 PM
    • #6
    • 20th Apr 17, 3:47 PM
    Your son needs to write to the person or company named on the tenancy agreement as the LL. Their registered address is on the agreement.
    But you still haven't advised if the deposit was protected. If it was, then he needs to look at the paperwork confirming the protection and then apply to the company issuing it.
    Facilities were apparently shared, so this property was an HMO?
    No free lunch, and no free laptop
    • pmlindyloo
    • By pmlindyloo 20th Apr 17, 4:19 PM
    • 10,454 Posts
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    pmlindyloo
    • #7
    • 20th Apr 17, 4:19 PM
    • #7
    • 20th Apr 17, 4:19 PM
    This is really important. Did he have his own tenancy agreement or was it a joint tenancy with the other occupants of the house?

    Did everyone move out or did someone replace him?
    Originally posted by pmlindyloo
    I am quoting this because I believe it is very important.

    What often happens in a shared house is that one of the tenant leaves and then is replaced by another.

    What should happen is that a new tenancy is created after a final check out and a return of all the deposits. (The deposits are often put together and registered under the lead tenant's name)

    What invariably happens is that a new tenant moves in and they have to give their deposit to the outgoing tenant.

    Maybe this is what has happened in this case and the LA is chasing the new tenant.

    I don't know - but the questions need answering, I think.
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