Lead tenants relative claimed bond.

jeanmd

Hi all, my daughter and boyfriend rented a flat for a couple of years under the agreement that they each paid half the bills and rent. Unfortunately her boyfriend wasn't good at keeping to the agreement with my daughter paying to keep the roof over their heads. In the last year she ended up paying £6k more than him.
They split up and she went to live with her brother for a while, but sorted out the inventory by email with one of her ex b/f parents as b/f wasn't interested and parent was guarantor. There was some rent to pay after she left as b/f stayed longer than her and she's just found out the b/f parent paid the rent for him (them).
As there was money left in the bond and b/f owed me money he had said that he'd claim the bond and pass it on to DD to pay me back.
Her b/f was the lead tenant and she made sure he had the papers to claim the bond etc. but he kept saying he'd lost the details.
DD contact the ex landlord who replied that he and ex b/f's parent had sorted everything out and to discus it with them. After a week of being ignored she has just found out that her ex's parent has claimed the bond and that her ex didn't know anything about it (all in writing).
Ex's parent has no intention of giving her any of the bond, she can't find out who held the bond as ex landlord won't speak to her as she disputed and won some of the items he wanted them to pay for and as I said ex b/f 'lost' the paper and when she looks at the secured bond sites nothing shows up as the bond has been claimed so she cannot contact the bond company.
Any suggestions as to how she can get the bond back, btw her ex signed a paper not long ago giving her permission to claim the rest of the bond as he couldn't be bothered.

sp1987

So....what you are actually accusing, if the lead tenant was unaware of any claim....is a fraud by the lead tenant's parent?

Choices are; lead tenant is a liar, lead tenant's parent is a fraud. Pick whichever you like.

My guess is lead tenant claimed back the money and gave it to parents as they had paid for his rent previously.

anselld

Regardless of who knew what, the lead tenant is responsible. The only option to reclaim the money is to sue the lead tenant.

whalster

I am a very polite chap but what I would say is if my daughter ended up with a !!!!!! like this then I would be glad she had moved on and stuff the bond

jeanmd

whalster wrote: »

I am a very polite chap but what I would say is if my daughter ended up with a !!!!!! like this then I would be glad she had moved on and stuff the bond

It took a long time, but she's now removed her rose tinted glasses.

jeanmd

sp1987 wrote: »

So....what you are actually accusing, if the lead tenant was unaware of any claim....is a fraud by the lead tenant's parent?

Choices are; lead tenant is a liar, lead tenant's parent is a fraud. Pick whichever you like.

My guess is lead tenant claimed back the money and gave it to parents as they had paid for his rent previously.

I can believe he didn't know as he has buried his head in the sand from the beginning and left it to my daughter to always sort out any mess.

anselld wrote: »

Regardless of who knew what, the lead tenant is responsible. The only option to reclaim the money is to sue the lead tenant.

Thanks, problem is since they split up he's sofa hopping so is of no fixed abode and I'm pretty sure that his parent won't accept a letter for him that would need to be signed for to prove receipt.


So I guess the bond has gone.

jjlandlord

So ex's parents claimed the deposit from whom? The landlord?

If the landlord gave the money to a third party without the tenant's authorisation, then that's his problem if he got scammed. IMHO, he is still liable to return the deposit to the tenant.

If the money was returned to the lead tenant, then the issue is between the joint tenants and whatever arrangement they had about the deposit.

jeanmd

jjlandlord wrote: »

So ex's parents claimed the deposit from whom? The landlord?

If the landlord gave the money to a third party without the tenant's authorisation, then that's his problem if he got scammed. IMHO, he is still liable to return the deposit to the tenant.

If the money was returned to the lead tenant, then the issue is between the joint tenants and whatever arrangement they had about the deposit.

The deposit was in a bond scheme that the lead tenant had to contact after the landlord and my daughter came to an agreement on deductions.
Unfortunately, it was a three way conversations between DD, ex's parent and landlord as the landlord wasn't happy that DD didn't just agree to everything he wanted. Example a new bed that had been used constantly by tenants for almost nine years, no stains, just seen better days. DD's ex showed no interest at all, landlord spoke to her ex's parent as he was guarantor. Ex still says he had no idea that his parent claimed the bond.



Do you know if the cheque should have been in joint names as both names were given to the bond holding company, but her ex was the lead name.

jjlandlord

If deposit was protected in a custodial scheme, it is simply not possible for ex's parents to claim it. He approved deductions and remaining sum was returned to him. Was it a custodial scheme or insurance-based?

There is also often confusion as to what 'lead' tenant means.
There is no such thing in law. However, as it is not practical to deal with several joint tenants, schemes (and landlords) want that joint tenants nominate a single person as contact for deposit.

Leas tenant is deemed to act ob behalf of all joint tenants, with their consent.
If he didn't, then you may have a claim against him.

If you can prove who paid what share of deposit you may also have a claim that each joint tenant will get his share back at the end and that deductions would be equally shared.

I would collect all such documentations, then send a letter before action to ex. Then, if you feel confident enough about your case your last option will be to sue for the money.

jeanmd

Thank you, I'll let her know.

How is it not possible for the ex's parent to claim it as everyone i.e. DD, ex, LL and ex's parent all know that ex had no interest in sorting anything out at all. DD was actually in the USA at her brothers for a couple of months after the split which is why she had to go through ex's parent as ex really couldn't be ar*ed and LL would only deal with ex's parent.

Bond was 50/50 as should have been all bills and rent.

The lead tenant was not discussed when the bond was paid even though DD at the time put in most of the deposit as ex didn't have enough money. His name was always placed first by the estate agent who only acted to let the property, not ongoing. It was only when the letter came through from the bond co. that it stated that they would use ex as lead tenant. I was with them at the estate agents when the deposit was paid.

As LL, ex and ex's parent will not communicate with DD about this she again e-mail the LL to try sort it out. This is the short communication.

Hi ****,

Could you let me know the details of the bond that is held for ***** and *** please.
*** has signed a letter to say that ***** can handle everything with the bond company, but he can’t give her the details as he’s lost them.

I look forward to hearing from you,
Best regards,
*****


*****

All matters relating to the deposit held against Flat 10 were finalised in December last year by the Lead Tenants father and myself.

At no time was the issue of an agreement between the two tenants raised.

I suggest if you require any further details you direct them to either *** or his father.

Regards

**** ****


It was following this that her ex eventually answered her saying he knew nothing about it as his parent had sorted everything out for him.

princeofpounds

You do not need to send a letter before action or documents initiating a court claim via a letter that needs to be signed for.

The deposit is not gone, in fact you probably have a clear open-and-shut case as long as your daughter kept good enough financial records. It just depends how much effort you want to put into getting it back.

Threatening small claims court might be a powerful incentive to get things moving because if he ends up with a CCJ then that will mess up his credit for many years, and you many well find his parents bail him out of that too.

Good luck.