Replacement tenant doesn't want to return deposit

MikiNew

Hello Everyone,

I was in a joint tenancy agreement where I had to find a replacement in order to leave it. It was a joint tenancy agreement which original 12 months had already expired and it had become monthly.

After many months with issues with the agency, we have finally signed the Addendum where it is written that the replacement tenant will have to refund my deposit to me.

She is saying that she doesn't want to return the sum in full because of all she has gone through.

If she really does that, what are my rights?

Thanks,

Miki

Retired_Mortgage_Adviser

Is your deposit still protected under your name? Or (like TDS allows) has it been switched to the new tenant?

MikiNew

Retired_Mortgage_Adviser said:

Is your deposit still protected?

Yes it is. It is protected in a deposit scheme, but the agency changed my name with hers since we have all signed the addendum.

Retired_Mortgage_Adviser

MikiNew said:

Retired_Mortgage_Adviser said:

Is your deposit still protected?

Yes it is. It is protected in a deposit scheme, but the agency changed my name with hers since we have all signed the addendum.

If it's no longer protected in your name, then the dispute is now between you and the new tenant.

In your place I would go ahead with an online small claim (online money claim) https://www.moneyclaims.service.gov.uk/eligibility/mcol-eligibility

It's fairly straightforward though there is a court fee to pay as below.

0 to £300		£25
£300 to £500		£35
£500 to £1,000		£60

MikiNew

Thank you very much. 

Retired_Mortgage_Adviser

Just in case it isn't clear in the guidance - before you start your small claim you must write a formal letter to the new tenant (defendant). Title it a "letter before claim" or "letter before action". You need to do this even if you've already discussed this informally.

If the letter before claim doesn't being a resolution, you then start your money claim online.

See here for more guidance. https://www.citizensadvice.org.uk/law-and-courts/legal-system/taking-legal-action/small-claims/making-a-small-claim/

anselld

How does she expect to move in without a deposit?  No deposit, no move in. 
Or are you saying the letting agent allowed her to move in without collecting a deposit?

pinkteapot

anselld said:

How does she expect to move in without a deposit?  No deposit, no move in. 
Or are you saying the letting agent allowed her to move in without collecting a deposit?

She didn't need to pay one... The deposit was registered with TDS in OP's name. The name on that money has been changed to the new tenant, so she will get it back when the tenancy ends. She needs to pay OP now, rather than paying the agent.

It's a really bad arrangement for OP as instead of them having a claim against a landlord/the TDS to get the money back, it's a financial dispute between two individuals. 

JayRitchie

What does ‘because all she has gone through’ mean?

[Deleted User]

This is quite a common set-up.  But the rookie mistake is that the replacement tenant should not have been allowed to move in without having paid the deposit to the departing tenant.    First month's rent and deposit both must be paid to get the keys.  So the remaining tenant, the agency, or the departing tenant, have messed up here!

anselld

pinkteapot said:

anselld said:

How does she expect to move in without a deposit?  No deposit, no move in. 
Or are you saying the letting agent allowed her to move in without collecting a deposit?

She didn't need to pay one... The deposit was registered with TDS in OP's name. The name on that money has been changed to the new tenant, so she will get it back when the tenancy ends. She needs to pay OP now, rather than paying the agent.

It's a really bad arrangement for OP as instead of them having a claim against a landlord/the TDS to get the money back, it's a financial dispute between two individuals. 

...but she did need to pay a deposit and that should have been paid to the OP before consent to change the TDS deposit to the new tenant name and before the new tenant gets to move in.  ie The new tenant, like any other tenant should not have been allowed to move in without paying the deposit.