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Deposit Return - two six month groups


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Would appreciate any help you could give me on this issue.

 

Tenancy agreement runs for 10 months.

Two groups are named on the contract.

Group 1 lived in the property from September to Jan. This group has now moved out the property.

Group 2 moved into the property in Jan and have possession until the end of June.

 

Group 1 now wish to claim their deposit from the agency however agency refuses to release as they say both groups are still tenants. Agency has said that if group 2 sign to release group 1's deposit then it won't be a problem. However, group 2 will not sign as no inventory check has been done before they moved in and they do not wish to be held liable come the end of June.

 

DPS says that it is a dispute between tenants mid tennancy and therefore can't help.

 

What are my options to retrieve group 1's deposit?

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On what basis did Gp2 take on the T in Jan13?

I presume on the basis of ind replacing Gp1 occupants and continuing the original agreement for remainder of term.

Unless a new fixed term AST was agreed to replace orig AST then orig AST continues and no interim inspection was reqd. If orig Ts were replaced ind by Deed of Assignment or even verbal understanding and Gp 2 Ts have paid rent, then IMO they are also Ts and liable for T damages etc until June

Indeed it may be that both Gp1 & Gp2 Ts may be liable for full duration of fixed term.

 

Can you not ask LA to provide copy of initial move-in inventory for checking or at least request LA does interim inspection (poss at Gp2 Ts cost)?

 

Did Gp2 also pay a deposit?

Is any deposit validly protected in an Approved Scheme?

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Group 2 took over the property for the remaining term of the tenancy.

 

Group 2 also paid a deposit which is registered jointly with group 1's deposit.

 

 

If we are all technically considered tenants would there be reason to explore the law on overcrowding as it is a 5 room house and there are 4 boys and 4 girls on the tenancy agreement all non cohabiting?

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"Group 2 took over the property for the remaining term of the tenancy."

 

What paperwork was produced & signed to achieve this?

 

It appears both groups are in a single joint T for duration of orig fixed term. Neither group deposits can be released during FT (DPS is correct), unless Gp 2 accept re-assignment of tenancy (agent correct).

On the plus sidem any T damage for FT should be claimed equally from both group deposits.

 

Overcrowding is not an issue since Gp are not in physical occupation and are unlikely to return.

 

I have to presume Gp2 are mainly resp for this situation arising, possibly through lack of understanding of LL&T law. Gp1 has some culpability, as does LL.

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