Unable to get the tenancy deposit back

[pulimiharish]

Hi

 

We moved into a flat as shared accommodation and we gave half-of-the rent as deposit to the current tenants and we have been paying the rent to the tentants and there was no written contract signed between us. Now we are leaving the flat but the tenants are not returning the deposit saying they will return the deposit only when the landlord returns the deposit, but I'm sure that the landlord doesn't even know that we were staying here and he is not concerned.

 

Now my question is that can I legally claim my deposit from these tenants? I dont have any proof except the e-mail communications that I paid the deposit and rent to him every month and my bank statements show the transactions.

 

Any help is greatly appreciated.

[Planner]

Yes,

 

You should write a letter before action (LBA) and send it to the person you paid your deposit to. It should state that unless the depsoit is return in 14 days or reasons for it being witheld are given, you will submit a claim to the county court without further notification. I would suggest you print off and fill in a N1 county court claim form and send it along with your LBA so they know you mean business.

 

If you dont get a response, you can either submit the N1 claim form you have filled in to your local county court or you can use Money Claim Online.

 

Good luck.

[pulimiharish]

Thank you for the suggestion, I'll send LBA. But the problem is that they are also vacating the house by end of this month and going to India. I am not sure whether I can get hold them once they leave UK.

[Planner]

Thank you for the suggestion, I'll send LBA. But the problem is that they are also vacating the house by end of this month and going to India. I am not sure whether I can get hold them once they leave UK.

 

You need to try and force a resolution before they go then, as you will be throwing good money after bad if you try and get anything once they have left. Unfortunatley, they probably realise this as well!

 

Looks like your deposit may be relocating to the sub-continent and theres very little you can do about it if their relocation is permanent/long term.