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Daniel.harris

Advice needed as my deposit has been frozen in a property I've moved out of!!

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Hey all & thank you for reading.

 

I used to live with a friend in a 2 bed flat, we signed a 6 month tenancy, and renewed on a month-month rolling tenancy after the 6 months.

 

Now when we originally moved in it was me that put up the deposit & this is documented- now when I handed my notice to move out, I gave all the correct notice and followed the procedure down to the letter.

 

The other tenant has stayed in the property, but knows that he has to give me the £1100 deposit, anyway I was a little worried about this so before i moved out asked the letting agency to confirm in writing what the other tenant needs to do (i.e pay me the £1100 deposit before he can sign a sole tenancy) this was done so I was happy to move out of the flat knowing that if the other tenant wasn't able to get me the deposit then effectively he'll be served a section 28 then once hes moved out the deposit is mine.

 

The other tenant now cannot get the £1100 so I emailed the letting agency and informed them of this and advised that I wanted to pull my deposit from the property. The agency have now seeked legal advice and replied this-

 

"Dear Daniel

Further to our conversation yesterday, I contacted our legal team today for advice on how to proceed with this. They have replied, and they tell us that the deposit is between you the tenants , not us or the landlord and to commence the new tenancy with Daniel as the sole tenant.

I am sorry about this but this is what we have been advised to do, and I am now awaiting confirmation from the landlord that she agrees with us going ahead as advised. If there is anything we can do to assist you, please do not hesitate to contact us but the legal people are quite clear that this is between you and Daniel. Regards,"

 

 

So effectively saying that they are not getting involved and that its down to me to sort out. They have now said there going to sign the new tenancy with my previous house mate & that I need to peruse him for the deposit.

 

Can they do this?? even though they wrote to me advising what would happen if my ex house mate wasn't able to return my deposit.

 

Also they put the actions in writing does this document now act as security for me as the letting agency specifically advised me that my deposit is protected?

 

please help!

 

Kind regards

 

Daniel

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I think your best method of pursuing this is through the deposit protection scheme that the agent is using.

 

You have terminated the existing tenancy, and a new one has come into force. I think one deposit protection policy comes to an end and a new one starts.

 

Is your deposit protected? If so, which scheme is protecting the deposit?

 

You may have a problem if DPS (Deposit Protection Scheme) is being used and if your friend is the lead tenant. In this case, the DPS hold the money. They may have returned the deposit to the lead tenant and he may have used the money to pay for a new deposit. You would then need to pursue your friend. Reading between the lines, this sounds unlikely though.

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