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Gowardo

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  1. Hi there, Thanks again Yes I had checked the agreements already and nothing states I should be distributing it back at all. Just states that the DPS will pay it back to the account it was paid from and the only name which appears as "Tenant/LeadTenant" on the DPS website and/or agreement is my own. Also, even though the actual deposit originally came from myself and my housemate, as far as the DPS and Letting Agency are concerned, they have always ever received and paid money back to myself on my own account so the third person was never involved at all. His only involvement was in the housing contract as a tenant. Either way, thanks for the advice, I probably will get legal advice just in case, I don't want to be caught out, but I feel really wronged as well so its a hard situation. Thanks again all, G
  2. Hi there, thanks for your feedback as well. The point is that I don't think there is a contract which states that I will return any money to anyone. The only thing that any contract out there states is that I pay the deposit and I get it back at the end of the tenancy on the same bank account where I paid it in from. That's what made me think I was somewhat ok, but it seems like you are right and the best course of action would be to follow your advice at this stage. Thanks, G
  3. Hi Steve and thanks for your feedback, I am certainly clear in my mind that he has paid half of the deposit and I wouldn't lie about that in court. At the same time, I am absolutely certain that, in an ideal world, he should rightfully pay me back more money than I owe him in deposit so I think keeping it would be fair. And actually, as a matter of fact, Im still short a few grand even by keeping his deposit so I still feel like Im losing and paying him back his deposit feels like a massive slap in the face. Either way, hopefully he'll see the light and pay me back the money I am owed (minus deposit I still hold) otherwise I may let it go to court, but I may get some legal advice prior in case I have absolutely no way of winning. Many thanks, G
  4. Hi again, Thanks for your reply again. It is sad to hear in my circumstance, but I imagine that in a vast amount of other circumstances it would be correct for the law to be this way. Thanks v much for your advice all, G
  5. Hi, Thanks for all the replies. Yes, I shared with two others, we were all on the letting contract with the landlord/agency, but on the deposit protection scheme I was the only tenant listed / lead tenant so I wasn't subletting, we were all renting the rooms. More importantly though, The deposit though came from my account only when it was paid and was then paid back to me at the end of the tenancy as I was the only tenant listed on the Deposit Protection Scheme. Does that not account for anything as far as you know? As far as the DPS is concerned, the whole deposit came from me and it could have theoretically been my own money alone. The problem with getting him to pay me back is problematic because, first of all, the sum he owes me is greater than the deposit I hold, and also it is hard to prove he does owe me that sum so suing him may be a moot point. I think I may just keep the deposit for now and, if he does decide to sue, I will have to consider my options and perhaps take it from there. What do I realistically risk if I am sued for a relatively small sum such as this, as far as you know? Many thanks again, much appreciated.
  6. Not really, although its quite complicated and I imagine the money he owes me - and the losses I incurred because of his actions - will be reasonably considered in any court of law. That said, I am certain that, being the only person registered with the DPS, I should be the only person in charge of the money and ultimately it is up to me how to distribute it. Does anyone know if that's correct..? I know this sounds like a harsh way to go about things, but I was really screwed around even though it sounds like Im the bad guy..... ! Thanks for any help, G
  7. Hello all, I have shared a home with a two other people and I was the lead tenant, both on the contract itself and on the DPS (Deposit protection scheme) so the deposit has been paid back to me in full. The deposit was originally shared 50/50 between me and another tenant. Now that the tenancy is over, this other tenant correctly wants his share of the deposit back, *but* we have had a massive fall out about a different subject, namely I believe he owes me a considerable amount of money (bigger than his share of the deposit) and he doesn't. Because of this, I am not keen to give the deposit back as I would feel twice cheated. Now, I know that in theory half the deposit is his, but that said, can he successfully sue me if I keep it because he owes me other money? I was the only tenant registered with the DPS, so I imagine I should be fine? Should I get in touch with a professional for some advice? Is there a free service I can consult? Many thanks for any advice you may be able to give, G
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