Renting Deposit not being returned

BaconWizard

Hi All.

I have a developing situation.

I have left a property and had a deposit which has as far as I can see been correctly lodged in a scheme. This is all via a respectable agency. So far so good.

The OTHER tenant (who is the lead tenant) is staying. We had equal deposits which the agency is aware-of and is documented.

However, the other chap that is staying has thus far failed to pay the outstanding difference that would be caused by returning my half to me on the part of the agents.

According to the agents, they are not going to return MY deposit until he or someone else pays a replacement sum toward the rent of the property thus making my contribution redundant.

I was fine with this to begin with as it seems to be fairly universal and the agency are protecting the landlord, but it's going on and on.


Can they do this indefinitely? Surely there comes a point when I can just say, "LOOK, I am gone, it's MY money, pay me now please and if someone else is failing to pay then take them to court"


Nobody is disputing that the deposit is owed to me in full.

Any advice most gratefully received.


Jasper

dimbo61

Get on the net and find the phone number of the DPS scheme where your deposit was lodged and speak to them.

princeofpounds

What you have to do depends technically on whether your previous tenanance

a) ended, with a new tenancy granted to the remaining occupant. In which case you would use DPS and/or small claims to recover the deposit. The DPS route is complicated by the fact that you are not the lead tenant.

or b) continued but was assigned to the remaining occupant alone, in which case your old co-tenant should/would owe you the money.

Almost certainly it is a), but we can't be sure from what you have posted. If you can, use the DPS, if you can't, do a letter before action and go to small claims court.

19lottie82

As far as I understand......This tenancy now ceases to exist, therefore you should have your deposit returned, as should your (ex) housemate. The LL/LA needs to then start a new contract with the person that is staying in the property.

BaconWizard

Hi,

Yes, the old tenancy has ceased to exist. My old flatmate who remains is therefore signing a new tenancy.

My understanding was that both he and I would get our deposits back.

In his case, I am sure this would be a matter of simply doing some paperwork re his already lodged amount and providing the outstanding balance, but in my case this should simply come straight to me and that's all... or at least that's how I thought it was

Anyhoo, thanks for the advice.

Jasper

19lottie82

Hmmm the problem being is that possibly if it is a joint tenancy thnen it is a joint deposit, not simply "half his and half yours". So if the LA is withholding "his" deposit, then they are also withholding "your" deposit.
Perhaps contact Citizens Advice if no other posters can help.