LA has paid my deposit to my flatmate.

[Renya]

Hi everyone,

 

I was a tenant at a flat with two other people, it started on the 23rd September 2011 and we moved out on 23rd July 2012, the agreement was for a year but we had a clause which allowed us to leave at 10 months. We all paid a deposit separately and it was protected.

 

I received a text from the LA on the 26th July saying that my deposit refund had been processed and it should clear within 5-7 days, I texted one of my flatmates asking if he'd received his deposit but got no reply, my bank have been very slow with clearing payments before so I allowed some more time (in hindsight probably too much!) and emailed two people at the LA asking to check if my deposit had been processed as I hadn't received any money. Today I phoned the LA and they told me that one of my flatmates had phoned them on the 8th August because she hadn't received her deposit and they'd paid all of our deposits back to her! They also said that they'd been emailing and phoning me to confirm my bank details but I have not had any phone calls or emails from them. Needless to say I'm very angry and have tried to contact both of my flatmates but neither have responded.

 

I'd appreciate some advice please, I'm going to keep trying to contact the flatmate who has the money but what happens if she doesn't respond or refuses to give me my money? I'm sending a letter of complaint tomorrow.

 

Thank you in advance.

[stu007]

Hi

 

Your deposit contract is with the letting agency not the other tenant and ultimately as you all paid your deposits individually to LA they are responsible for sorting there mess out not you.

 

I would send them a letter (always get proof of posting) and request that your deposit is returned immediatly as you neither gave them permission orauthorised them to give your deposit to said tenant.

 

This was done without your knowledge by the letting agency staff and therefore the letting agency are negligent in refunding your deposit to said tenant who is uncontactable and you require your deposit refunded within the next 14 days.

[Renya]

Hi stu007, thank you for your help.

 

I'm going to try contacting my other flatmates again tomorrow and if I have no luck then I'll send that letter. The LA were apologetic for what's happened but seemed to think that it's not their problem, they know I'm a student so they probably think that I won't bother or just chase my flatmate for the money.

 

Thanks again.

[mariner51]

Renya,

I would head it 'Letter before Action', giving them 14 days to return deposit to you, before you initiate Court action for its return in County Court (SCC).

Also request name & contact details for person supposedly in receipt of your deposit.

 

Did you all have ind Ts for a room + communal facilities or a single AST for all 3 as Ts 'joint & severally liable'?

Did you each get a receipt for the deposit amount paid individually?

 

In the case of joint Ts, AST requires only a single total deposit, and it is not unknown for this to be paid to the first named (lead) T who then should later distribute the refund, equally between all Ts in occupation at time T ended.

If LA confirms full deposit sent to one person, you need their address so you can send LBA and sue them for your share.

You also need to confirm with LA if full deposit was returned or whether any deductions were made, if so, for what.

[Renya]

Hi mariner51,

 

We were all named on one contract, so we were joint & severally liable. We all paid a deposit individually and we were given a receipt although I think I may have lost mine but I paid on my debit card so have a statement with proof that I have paid, however, the flatmate the deposit has supposedly been paid to is not the lead T.

 

Managed to get hold of the flatmate the money is supposed to have been paid to today and she said she has not been given the money and that the LA are making excuses for not paying her such as "the person in charge of refunding deposits is sick." I'm still going to send a letter requesting the money is repaid within 14 days but she has said she is going to the LA today to try and sort everything out.

 

Thanks for your help.