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topcat77

Taking family member to court over deposit owed

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The situation is me and my partner rented a house in March and paid a deposit of £340. My brother moved in with us and in April we decided to look for somewhere else as I became pregnant and we wanted a house with central heating.

 

My brother wanted to stay on in the house with my cousin and when we spoke to our landlord she said that the tenancy could be passed on but me and my partner wouldn't get our deposit back. We hadn't seen through the 6 months of the Assured Shorthold Tenancy so the landlord said we could leave without notice because the house wouldn't be vacant.

 

The deposit is now my brother's if he leaves the house and he promised he would pay us the money back a little each week but we have seen nothing. Is it worth me taking him to a small claims court to get it back as he really doesn't seem to want to pay it us? Would we be entitled to Legal Aid as I receive Incapacity Benefit and my partner claims Income Support and would we have to pay any money if we won our case and got the £340 back?

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Your tenancy deposit should be in a Tenancy Deposit Scheme in your name, it would not be possible to be released to your brother without yours and your LL's permission.

First things first is to find out if it is protected.

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I don't think it is as I have been reading up on this and I didn't receive any notification of it going into any scheme. :(

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