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Agent obligations to return deposit


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Hi all

 

My friend's tenancy is about to end. She lives in a house with 3 other people. Two of the people are staying on. There has been a breakdown in the relationship between the parties i.e. the two leaving and the two staying. The two staying are going to replace the two leaving at the end of the tenancy with two new tenants.

 

The agent is saying that the tenancy is effectively being renewed, allbeit with two different tenants from the orginal four. The agent is therefore saying she won't get involved in returning any deposit to the two leaving and they have to get that from the two that are staying. Due to the breakdown in relations, the two staying have said they will not pay this to the two leaving.

 

I believe the agent is wrong and the tenancy isn't continuing, but a new tenancy is being started. I don't think she can just wash her hands of the deposit issue in this way. The deposit is not held in a scheme as it is over 25k a year.

 

Does anyone know on what basis we can argue that she can't wash her hands of this issue?

 

All responses much appreciated!

 

Thanks

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I would think the two leaving could claim half the deposit from the two who stay behind as the leaving two are no longer on the contract they should get their part of deposit back. If the parties can't talk anymore I'd sugest they send a letter to the two who stay behind and ask for the half to be returned within 14 days, if they don't they can always try going to the small claims court.

 

I would also advise to go and have a chat at the local CAB office and check if they are eligible for Legal Aid. If not then they can try to get legal advise from the Pro Bono solicitors at LawWorks.

 

I hope this helps a bit. To me it seems the two who stay behind should pay half the deposit to the two who are leaving. How much responsibility the agent has in this I don't know. But I'm sure other members with more knowledge can shine a light on that aspect.

Edited by StevenT
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Do they have seperate tenancy agreements or are they all listed together on one agreement?

 

If they have seperate agreements even though they may be jointly and severally liable I believe that each T's deposit would have to be protected individually (I doubt that each T is indiviudally paying more the 25K annually).

 

Now if they're all in it together with one tenancy agreement I have no clue. Hopefully someone else on here does!

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