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Deposit protection issues

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Comments

  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    A joint tenancy can be ended by any ONE of the joint tenants giving notice. Thus if you have given written notice, the joint tenancy will end.

    What happens thereafter is a matter for the remaining tenants and the LL - a new tenancy agreement should be put in place which will obviously not include your name. So from 1st August or whenever it is, you will NOT be liable for rent.

    Within 14 days of receiving a deposit
    The landlord or agent must give the tenant the details about how their deposit is protected including:
    • the contact details of the tenancy deposit scheme selected
    • the landlord or agent’s contact details
    • how to apply for the release of the deposit
    • information explaining the purpose of the deposit
    • what to do if there is a dispute about the deposit
  • Scollk
    Scollk Posts: 46 Forumite
    Okay... Thought I'd bring this thread back to life rather than starting a new one. I never had an issue with the landlord trying to charge me after i'd left, since we found somebody to take over the room immediately.

    However, I am still waiting for the deposit back. It's been two months now. One of current tenants is only temporary, until the end of September. The agent is saying that when a new person moves in and pays deposit, they can then reimburse me and my friend.

    As far as I know, they never entered my money into the deposit protection scheme, despite an express promise that this would be done if I paid it. At the moment I'm waiting to hear back from them on whether or not they did.

    I'm pretty fed up with this. I've just gone on JSA, so clearly I'm not in the best position financially, and getting this back is clearly a top priority. I'm not sure what to do at the moment.. Wait until the end of September to see if they finally reimburse, or make a claim.
  • dell12
    dell12 Posts: 156 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    Legally they have to put your deposit into the Deposit Protection Scheme so I reckon you'd be in a pretty strong position in a small claims court.

    Do you know where the landlord lives? Is it worth going round, politely of course?
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    we agreed that I'd send the deposit to the landlord. I have now done this and have a receipt.

    Write to the LL, with a copy of the receipt a) asking which scheme the deposit was placed in and b) insisting the deposit be returned with 5 working days.

    Was a check-in and check-out inventory done? If not, the LL cannot make any deductions as he cannot prove any loss/damage.

    See here for info about the LL's obligations.
  • Scollk
    Scollk Posts: 46 Forumite
    edited 2 September 2010 at 12:38PM
    Okay, just got an email back from the agency. There is a deposit totalling £2400 in the Deposit Protection Service. The tenant's names listed are the ones which left last September. She is now saying that apparently when we were discussing the deposit back when I moved in, that we agreed that the new tenant's would pay the deposit to the old tenants. This is clearly a load of rubbish since I obviously never agreed to such a thing. All three of us new tenants were resisting sending money to people we never knew. The contract also stipulates that deposit's would be protected under DPS within 14 days.

    Anyway, since I paid the deposit on July 16th, but then moved out on July 31st, they took that as a reason not to change the names on the protected deposit.

    No check out inventory has been conducted, but it has been agreed that the full deposit will be returned. The entire tenancy has been conducted through the agent, but I've been using the terms 'landlord' and 'agent' interchangeably,. The actual 'landlord' is a company in Jersey, who we have had no contact with.
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