Deposit/Tenancy End Issues

NovemberRain

Hi all.

Looking for some general advice, it's a bit of a complex scenario to bear with me.


I moved into a rented flat in January/February this year with my partner at the time. We paid the first month's rent in advance, along with the deposit and admin fees as normal.


Things didn't work out, and she moved out when we split a few months later. My friend and his girlfriend at the time were looking for somewhere to live. I contact the landlady and asked if they could move in and if we could have a new tenancy agreement. They paid their admin fees for Credit Checks etc and moved in under the new agreement.


Once my portion of the agreement was up, I moved out. My friend and his girlfriend stayed on for a few more months, and because they get paid weekly - I agreed to legally sign over my deposit into his name, instead of getting my deposit back and for him to then have to come up with enough money to pay another deposit to the landlady.


Here comes the tricky part. My friend has moved out 2 weeks ago, and nothing has been said about the deposit, which brings me to why I'm posting.


Another part of the back story:


Since moving in, I received a letter from what I believe to be the LL's mortgage company saying the place was being repossessed and we had to move out. I immediately contacted LL who sorted and all was fine. A few months later we received another letter, exactly the same - with a date on saying we had to be out by then. Again, LL sorted and told me not to worry about anything.


Since moving out, my friend e-mailed LL about where to give the keys (as he works away at least 5 days a week and is only in the city 1 or 2 days max). She didn't respond.


We are moving into a new place, and need references from her, to which she didn't respond. I e-mailed her myself and she responded saying she still hasn't received the keys back from my friend. The e-mail was quite unprofessional and quite rude if I'm honest, but I let it go and did my friend the favour and dropped the keys into the agency who we went through. LL advised she will inspect the flat on Monday (3 days ago) and contact us further.

We are yet to hear anything about the deposit. Now obviously the deposit is legally belonging to my friend, but is technically mine, which we need to go towards the deposit on the new place we move into in 2 days, so you can understand my concern.


I contacted the agency and they asked where the deposit was first held, which DPS (I think that's the right term?) it was held with and account numbers. When I told her I didn't receive any of this info from LL, she seemed shocked. Apparently I was supposed to receive this info and a certificate? Neither of us received anything like this. She advised between me and her, that legally if the deposit wasn't protected properly we could sue LL for up to 3 times the amount of the deposit?


Realistically, I'd be happy to just receive the deposit back ASAP as the new deposit and first month's rent has drained savings and left me in a tight spot. Also, the lack of reference could cause us issues with the new place?


Does anyone have any advice? There was no inventory taken before I moved in, or between me moving out and my friend taking over the new tenancy. I'm about 90% sure the deposit hasn't been protected, and LL is still unresponsive. Any help is greatly appreciated. Apologies for the mammoth story - but I wanted to be as specific as possible with the details.

Happy to answer any further questions you may have too! Hoping this nightmare draws to a close soon...

Pixie5740

When your friend and his gf moved in was a brand new tenancy agreement signed between the 3 of you or was it executed as a variation of the original agreement between you and your ex?

DPS is just one of the deposit schemes in use, there are two others, TDS and My Deposits. Have you checked all three schemes yourself to see if your deposit has been protected or not?

FBaby

There are quite a few issues here.
Firstly, to get your deposit back. You/your housemate need to check if it was indeed protected and where. You can do a search for this. Assuming it was indeed protected with DPS, you need to check who is the Lead tenant (the person who can make the claim on behalf of others), as it is not clear what you mean by 'legally signed the deposit over into his name'. That person can then start the process to get the money back.

Your expectation to get the money back (or your housemate as it seems) within a few days are unrealistic. The landlord has to respond within a certain timeframe from the time the deposit is requested, but that is I believe 10 days and of course, it can be longer if there are issues and you are disputing them.

It sounds like there are likely to have been many failings with the landlord legal requirements attached with protecting the deposit, so it is likely that you would be in a position to consider suing them. It's not straight forward so it will come down to negotiations and deciding how far you want to go, 'you' being your housemate if the deposit was then registered under their name.

NovemberRain

Thanks for the quick responses. Sorry, I should've been more clear with the process. Essentially there was nothing too official, I just sent LL an e-mail saying "I'm declare that I am happy to have my deposit transferred to *friends name*" and that was that. Another clarification - I'm under no pretences that I'll get that deposit back in the next couple of days, I agree that is very unrealistic. What I meant was, getting it back sooner rather than later, as at the minute my savings are now drained and I don't like being in this position financially


I'll check around the various protection schemes now and see if I can find anything and get back to you.

Pixie5740

Nothing too official? So there was no new tenancy agreement signed when your friends moved in? No deed of variation executed when your friends moved in? Have your friends ever signed anything?

It does help if you answer the questions asked.

NovemberRain

Apologies, I am trying to cover everything with responses, didn't realise I missed a question.


I didn't sign a new tenancy agreement when they moved in, definitely not. However I've just heard back from my friend and he advised that they signed a new agreement. Would I have had to sign as well? He tells me we still have a copy of the new agreement they signed at home, I can check that tonight after work and post more details if that will help?




EDIT: I've just checked all 3 deposit agencies shown on England Shelter's website.

They are TDS, TDPS and mydeposits. None of which matched a deposit with my Surname, Move in date, postcode and deposit amount. I'm going to search again using my friend's details in case LL did transfer things over legally/officially.

Pixie5740

Presumably the tenancy agreement you signed was for the whole property and not just a room. Therefore another tenancy agreement (presumably for the whole property and not just a room) should not have been signed by your friend and his gf whilst your tenancy for the property was still in place. The tenancy you had with your ex should have been surrendered and a new tenancy between you, your friend and his gf should have been signed, or your original agreement with your ex should have been varied to remove your ex and add your friend and his gf.

Who were you paying your rent to, the landlord or your friend? Similarly who was your friend paying rent to?

Pixie5740

NovemberRain wrote: »

EDIT: I've just checked all 3 deposit agencies shown on England Shelter's website.

They are TDS, TDPS and mydeposits. None of which matched a deposit with my Surname, Move in date, postcode and deposit amount. I'm going to search again using my friend's details in case LL did transfer things over legally/officially.

Check with your ex's details too as she might have been named as the lead tenant.

G_M

Please give clear bullet points:

* exact date original tenancy signed, and names on it
* date partner moved out and whether any change to the tenancy
* date new people moved in, whether old tenancy was surrendered/ended and how
* if ended, was deposit returned?
* date new tenancy started with new people, and names. Was new deposit taken
Date tenancy ended and how

Also check exact dates deposits were protected (if at all) and in what names.

read:


* Deposits: payment, protection and return

NovemberRain

Thanks for that link G_M, very informative and has really helped in how we are going to proceed. Bullet points you requested (as much as I can, I'm at work but luckily have the first tenancy agreement I signed here with me at the office):

*exact date original tenancy signed, and names on it - 30/01/2016 (Names are mine and the ex)
* date partner moved out - Feb 15th 2016 (we broke up on valentine's day, yikes.) nothing was altered on the agreement when she moved out, to my knowledge.
* date new people moved in - I can't confirm this until tonight unfortunately, until I read their tenancy agreement. I'm not sure whether the old tenancy was surrendered or ended, all I know is they signed a new agreement (I'll update later tonight whether this had my name on and the layout/what was changed etc).
*date new tenancy started with new people, and names. Was new deposit taken
Date tenancy ended and how - No new deposit was taken, the tenancy ended Friday 21st October 2016 and ended because it was just never renewed, a months notice was given.


I believe the deposits were never protected at all, because we received no info about this and I can't find it under my name or ex's name or my friend's name or his gf's name.

NovemberRain

To answer your questions too Pixie5740:


The tenancy agreement did not apply to any 1 room for any of us, it was for the whole flat.
I'm not aware of tenancies being surrendered/renewed - all I know is that when they moved in, they went to the agency office, paid their reference fees and signed an agreement (I was NOT present).
As I got paid monthly, I paid my rent on time every time on the 24th of each month, a standing order was set up to go direct to LL from my bank. My friend and his gf then paid me back their share of the rent and bills every week (as they were paid weekly, not monthly). This worked well for everyone this way.


I've just checked under my ex's name, nothing on all 3 sites again - all coming up with nothing.