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DO I take action against the agency of my ex-flatmate?


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Hi,

 

I recently moved out of a property due to my flatmate at the time not paying rent.

 

After moving out, my ex-flatmate reclaimed the deposit (£400 we paid each in cash and I got a receipt for my half) and has done a runner.

 

He was able to do this as the letting agent only put the deposit with the DPS under his name and not mine.

 

I've sent a letter contacting the ex-flatmate letting him know he owes me this and that I will pursue legal action to reclaim it, and am also considering taking action against the letting agent for his error and letting this happen.

 

Any advice on who I should be pursuing for this would be much appreciated. It was a joint tenancy agreement also.

 

 

***Have to add on here as it will not let me reply, I do have a receipt!***

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Do you have a receipt for the monies you paid?

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

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Was the ex friend listed as the primary tenant or were you both listed as joint Ts on the AST?

If the dep was £400 did you each pay £400 or £200 each?

As MrShed asks, did you get a receipt for your share and who issued/signed the receipt?

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Was the ex friend listed as the primary tenant or were you both listed as joint Ts on the AST?

If the dep was £400 did you each pay £400 or £200 each?

As MrShed asks, did you get a receipt for your share and who issued/signed the receipt?

 

 

I aid 400 cash as did my ex flatmate. I got a reciept from the agent which was printed and signed by the agent as a courtesy slip.

 

We were both listed on the contract and paperwork except the depsit protection account where the agent had only named my ex flatmate.

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  • 3 weeks later...

My advice is applicable only if the rented premises are entirely within England and Wales, and only if you were granted a shorthold tenancy (under which you [and your spouse/partner/children if any] had exclusive use of at least a bedroom, a kitchen and a bathroom, none of which were shared with another tenant nor with the landlord) and you were over 18 years of age when the tenancy was granted.

 

 

I paid £400 cash as did my ex flatmate. I got a reciept from the agent which was printed and signed by the agent as a courtesy slip.

 

We were both listed on the contract and paperwork except the depsit protection account where the agent had only named my ex flatmate.

 

It might be arguable that the landlord had failed to properly protect the deposit, since the legislation - Housing Act 2004 - which requires him to protect the deposit talks about 'the tenant', and if it was a joint tenancy then 'the tenant' meant both of you.

 

But, equally, it might be too late to take action against the landlord under the TDS scheme now that the deposit has been repaid.

 

It might be arguable that the landlord was in breach of contract in not registering the deposit in the name of 'the tenant', i.e. both of you if there was more than one tenant; or it might be arguable that the landlord acted negligently in that respect; or it might be arguable that the landlord acted in breach of his statutory duty in that respect.

 

See a Solicitor for advice.

 

 

The tenancy deposit scheme is explained in these FAQs -

 

- Tenancy Deposit Scheme

 

- Tenancy Deposit Protection - First High Court Decision

 

- TDS eligibility, implication of breach and legal questions answered

Note

 

This is a self-help forum in which users share their experiences. Assistance is offered informally, without any assumption of liability. Use your own judgement; obtain advice from a qualified and insured professional if you have any doubts.

 

This posting gives general guidance only. It is not an authoritative statement of the law. Consult a Solicitor for specific advice before deciding on any course of action.

 

 

Further information:

 

Assured and Shorthold tenancies - A guide for tenants

 

Renting and Leasehold - Advice from Shelter

 

 

All posts are opinion only

 

 

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