Is this legal?

ChronoJoe

In September 2013 I arranged a tenancy with a landlord in Bouremouth, and paid my deposit of £350.

Before beginning the tenancy I opted out of the tenancy and agreed to pay £100 get-out-clause type thing. The landlord then said receive the money at the end of the year as it was easier that way, rather than having the new tenant pay and have to return the money to me.

I didn't mind this, particularly, provided I received it. However it is now the end of the year and having sent him a message he replied with 'the money will be sent to Sam, there have been some deductions'.

1. I haven't been a tenant at his house this year so how can he deduct money from me? Is that legal if I haven't been a tenant at his property?

2. He is sending our deposits to a guy called 'Sam', Sam was the lead tenant at the property, but now as a university drop out, is homeless and on benefits. I do not really want our deposit money going to Sam, is it legal for him to sent it to someone else in that manner?

What should I respond to him with? I'm really unsure. Should I just let this happen and hope my money gets back to me / us (rest of housemates who have to get their deposits through Sam). Or should I highlight that what he's doing isn't legal (if it isn't?)

Thanks!

Guest101

Confusing. Did you live at the house? When did u leave?

ChronoJoe

Guest101 wrote: »

Confusing. Did you live at the house? When did u leave?

No I didn't. I left before the tenancy actually begun, paid the deposit then declined the tenancy so to speak. We found a replacement (as it was a house share) and he said my deposit would be returned a the end of the year.

pmlindyloo

Guest101 wrote: »

Confusing. Did you live at the house? When did u leave?

And......

Did you sign the tenancy agreement and then pay to get out of the agreement?

Did a new tenant take your place? Did they pay a deposit - to you? To the landlord?

ChronoJoe

pmlindyloo wrote: »

And......

Did you sign the tenancy agreement and then pay to get out of the agreement?

Did a new tenant take your place? Did they pay a deposit - to you? To the landlord?

I signed the agreement.
That agreement was rescinded and signed by a new tenant.
The new tenant did not pay a deposit.

Thanks for trying to understand the situation and help.

Also what of him sending all of our deposits to the lead tenant rather than directly to us? We paid it to him, so he should surely send it back to us directly?

Guest101

So the new tenant should owe you the deposit.

Suggest you get in touch and ask for it, which you shouldve done at the time really.

But unfortunately that isnt the 'legal' position. You have no contract with the tenant. The LL might owe you your whole deposit back, but its far too complicated, as you were joint tenants.

Basically you were naiv, sorry. Ask for it back direct.

P.S did Sam leave?

pmlindyloo

ChronoJoe wrote: »

I signed the agreement.
That agreement was rescinded and signed by a new tenant.
The new tenant did not pay a deposit.

Thanks for trying to understand the situation and help.

Also what of him sending all of our deposits to the lead tenant rather than directly to us? We paid it to him, so he should surely send it back to us directly?

When the deposit(s) are registered with a deposit protection scheme they cannot be registered separately. They have to be registered in the name of a lead tenant (obviously Sam)

At the end of the tenancy the deposit is returned to the lead tenant and then the tenant sorts this out and returns the money to those who provided the deposit.

In this case what should have happened is that the tenant who took your place should have given his deposit to you. (In fact, the LL should have returned your deposit but this was obviously too much hassle as it had already been registered with the deposit scheme - plus you agreed to wait until the end of the year.)

So what now?

You need to get in contact with Sam and ask for the whole of your deposit back (you were not there so not responsible for the deductions) Then Sam can chase the tenant who replaced you for his share of the deductions.

I suspect Sam may be tardy in doing this so I would write a Letter before Action (go to CAB for some help if you need to), saying that you have sought professional advice from CAB and ask for the return of your whole deposit and say you will taking court action for the recovery of this money if it is not returned in 7 days.
You will need to specify dates/circumstances etc (hope you have evidence that you paid the deposit). Keep a copy and post from PO keeping the free receipt as proof of postage. Send twice from two different POs if you want extra evidence that it was sent (for if you go to court.) Do not do recorded delivery as they can refuse to sign.

ChronoJoe

I'll go see the people at the citizens advice bureau and do what you said.

So do I need to write the letter to Sam or the landlord?

dimbo61

Sam is the lead tenant YES ? Have you got Sam,s mobile number ? or any of the other tenants?
Do you have Sam,s address ?
If the Landlord has returned the deposit to the Lead Tenant you need to contact Sam!