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Rental deposit help!

Hi,

I need advice from somebody. I left a joint tenancy at the end of April and not on good terms with the lead tenant.

I have been had confirmation that the full deposit (£1050) was released from the protection scheme in May with the advice that we each get our original share of £350. However, I have only recieved £46 which I have had to fight for as lead tenant is claiming that the landlady has made deductions after the deposit was released and it is all from my share.

The letting agents have provided me with the evidence of it being released but I don't know where to turn to now.

Can anyone please help?
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Comments

  • Flashmanchop
    Flashmanchop Posts: 194 Forumite
    Dispute the the tenancy deposit service used.

    I would question straight away the deductions that were only applicable to your elemnt of the deposit.
  • pmlindyloo
    pmlindyloo Posts: 13,093 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I am assuming that the deposit was returned to the lead tenant and she/he has paid you the £46 saying that LL had made deductions fromm your share?

    When you left the property did the landlady do a check out with you and inform you what deductions were being made?
  • BitterAndTwisted
    BitterAndTwisted Posts: 22,492 Forumite
    10,000 Posts Combo Breaker
    Your beef is with the lead-tenant as they are the party who chose to apply all of the deposit deductions from your share. If you have a copy of the check-out inventory and have proof that the deductions made were not totally your responsibility you could choose to instigate proceedings in court. That is your only option.
  • I have an email forwarded to me from the letting agents that was sent by the landlady saying the property was left in good condition and to release the full amount to the lead tenant. I had no issue with deductions being made but I am sure nothing can be made after the deposit is released.

    Do I go the police for theft? Do I try small claims court? The lead tenant told me to 'F Off' when I mentioned the police and told me to never contact him again as it is nothing to do with him?
  • pmlindyloo wrote: »
    I am assuming that the deposit was returned to the lead tenant and she/he has paid you the £46 saying that LL had made deductions fromm your share?

    When you left the property did the landlady do a check out with you and inform you what deductions were being made?


    I wasn't present at check out as I had already left before the end of contract (paid until end) and she did check out 2 days early. One of the tenants was staying and had replaced us.

    No checkout report, simply an email from the landlady to the agents stating they should release the full deposit to the lead tenant.
  • BitterAndTwisted
    BitterAndTwisted Posts: 22,492 Forumite
    10,000 Posts Combo Breaker
    In which case you use the email from the landlady as evidence that the lead-tenant has maliciously and without justification made spurious deductions from your deposit. It would be useful if you could persuade the landlady to put this in writing to you as formal confirmation.

    Your next problem will be to get an address for your former lead-tenant so you can serve the court-papers.
  • In which case you use the email from the landlady as evidence that the lead-tenant has maliciously and without justification made spurious deductions from your deposit. It would be useful if you could persuade the landlady to put this in writing to you as formal confirmation.

    Your next problem will be to get an address for your former lead-tenant so you can serve the court-papers.

    The lead tenant has given me a list of costs that he claims to have gotten from the landlady. I had no issues with deductions being made, but they should have come out of the full thing and been disputable surely?

    Should I contact the landlady or should there be someone official to do it on my behalf?
  • Flashmanchop
    Flashmanchop Posts: 194 Forumite
    landlady says giove full amount.

    other tenant has stolen money.

    simples.
  • BitterAndTwisted
    BitterAndTwisted Posts: 22,492 Forumite
    10,000 Posts Combo Breaker
    You contact the landlady for confirmation that there were no deductions made from the lead-tenant's deposit. You then issue the appropriate court documents against the lead tenant for the return of your monies using the evidence you have that the deductions were spurious and maliciously-made. You can appoint a solicitor to act on your behalf but their fees are likely to be greater than the money owed to you.
  • You contact the landlady for confirmation that there were no deductions made from the lead-tenant's deposit. You then issue the appropriate court documents against the lead tenant for the return of your monies using the evidence you have that the deductions were spurious and maliciously-made. You can appoint a solicitor to act on your behalf but their fees are likely to be greater than the money owed to you.


    And if the landlady has taken the amount?

    Thank you to everyone by the way :-)
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