Deposit money withheld query

Incisor

newmy wrote: »

... The problem for me with not having any official sort of spiel is that I'm not particularly confident dealing with people on matters like this on the phone. Usually I am able to question what they say, but they always come back with something else. The part about new tenant is what I've been thinking, I've no leg to stand on legally if the new tenant doesn't pay me.

Deal with it in writing, then. These outfits generally take advantage of people phoning to get away with all kinds of liberties. Keep copies of course.

anniecave

you need to get the other people living there and the two new people to all agree to pay a new deposit (unless any have already paid you)
then they need to go to letting agent/landlord and say they need a new agreement from date x and agree what the deposits/rent will be and sort it all out
in that case they may want to do inspection/inventory on day of changeover to confirm there is no damage/items missing etc

alternatively agree with one of the people who is staying there that they will sort it all out ongoing and everyone pays you deposits and confirm in to letting agent/landord in writing who the new deposit payers are
and then there doesn't need to be a new tennancy

I can see their point if there are people staying but I can also see your point if you are moving out then you should be free of it all

you'll need to get bank accounts changed over for bills etc. it sounds like you have taken too much responsibility and everyone else should be taking some!

tbs624

This is just laziness on the part of the LA. When you are one contract, then usually the deposit is lodged as one deposit of the total amount paid across by all the tenants - with, for example, student tenants, if one moved out in the middle of the contract's fixed term & was immediately replaced by another tenant then that new tenant would reimburse the one who was going for administrative ease.The payment would usually be effectively supervised by the LL/LA as part of replacement tenant signing up, rather than just being left to the tenants.

To extend this to a set-up like yours where contracts come to the end of their fixed term is not on.

It is not a renewal of a contract as such if some of the tenants are leaving at the fixed term expiry and people who are new to the property want to take up a tenancy.

You need to take meter readings (with photos of the meters too ) on the day you move out and the property needs to be cleaned up for an end of contract inspection unless the LL is willing to forgo that.


Have you had the "prescribed info" for the deposit scheme with which your deposit has been registered? If not, have you actually checked that the deposit * has * been registered?

Make an appointment to talk all of this through with the Private Sector Rentals Team at your local Council. It won't cost you anything and they can liaise with the LL/LA if necessary, to help you get this sorted out.

The local CAB may have an experienced LL& T worker, or you could ring Shelter 0808 800 4444 (7 days 8-8)

The LL is ultimately responsible for the repayment of the deposit so make sure you have his/her name & address. You are entitled to this information by law - if you don't already know it write formally to the LA requesting it .If they don't give you the info within 21 days of receiving your written request they will be committing a criminal offence. (keep copies of all letters). Once you are no longer a tenant this right to the info does not apply so get it now asap.

Let us know how you get on - it all helps others in similar situations.

Loretta

newmy wrote: »

I do indeed. Thankfully I've kept all pieces of paperwork relevant to this house as I had such massive problems with my last landlord (a crooked student landlord) that I wanted to make sure I stay safe with this one.



The problem for me with not having any official sort of spiel is that I'm not particularly confident dealing with people on matters like this on the phone. Usually I am able to question what they say, but they always come back with something else. The part about new tenant is what I've been thinking, I've no leg to stand on legally if the new tenant doesn't pay me.

I'll give them another call and we'll see what the outcome is. I just know that what they're trying to do sounds completely wrong.

I'd keep it all in writing from now on if I were you