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Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience:  Solicitor with 5+ years experience
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The tenancy agreement was originally and 2 daughters whos

Customer Question

The tenancy agreement was originally for father and 2 daughters whos names were all on the s h t agreement.The father who paid the deposit gave me notice as his job position had been transferred to a new area.The daughters asked if they could roll the agreement over until they found suitable new premises still.I agreed.The father's deposit would stay in place as agreed with the father but would be returned to him when the girls left.One year later they have given me notice,which i have accepted.However in that year i did right to them several letters to ask them to disscuss a new contract agreement if they wanted to stay long term.They are now demanding the deposit back immediately before vacating the property as they know they have caused dammages to the flat and deductions will be made from the deposit.The deposit was never put into the goverment deposit scheme as when the father came to me to ask to rent my property i told him the flat would not be ready for sometime as the bioler was playing up and i had to find the funds to upgrade to a new bioler.The father and i, because of his urgency to find a place to live imediately and that he had been let down by several estate agents decided on an agreement to use the deposit to go towards upgrading to a new boiler imediately so he could move in staight away.This would not efffect the return of his deposit as long as the flat was left in the correct order, ie damages,repairs etc. I know this is not the usual format for renting but i had not advertised the flat as being ready as yet.A mutal friend had put him intouch with me.So i agreed to this as it helped both our situations but still kept the contract on a professional level.The father was a perfect tenant and i was very happy to have him as a tenant.I have recently spoken to him and he is quite happy and in agreement for the repairs and dammages to come out of the deposit and the remainder of the deposit is to be returned to himself.
The daughters even though have given me one months notice in the correct manner 2 weeks prior to moving out have demanded that the deposit be returned to them on the day they leave otherwise they will not leave and with a good reference so they can move into another flat.I have explained to them that an inspection needs to be carried out and if necessary deductions made but this will be discussed before a final settlement of what will be taken off the deposit before being returned.The final day of notice is today and i am suppose to pick up the keys at 3.30 pm.WHAT DO I DO IF THEY DECIDE NOT TO VACATE THE PROPERTY AND WHAT ARE MY LEGAL WRITES TO GET MY PROPERTY BACK? vacating the property and handing back the keys today.What do i do if they refuse to leave.
Submitted: 5 months ago.
Category: Law
Expert:  Ash replied 5 months ago.

Hello my name is ***** ***** I will help you with this.

Is the deposit protected now or clarify whether it has been returned?

Customer: replied 5 months ago.
Hi Alix,
A £1000 in deposit in total.I returned to the father when he left £350 and we agreed to keep the remaining £650 until the girls left.I told him that when they know what they are doing (and also this was told to the girls if they could not find another place we will meet and renew the contract and a deposit from them will be put into the government scheme),but until then the original agreement will remain in place with the remainder of the deposit held by me .The father was in agreement with this and it was agreed with all parties. I have recently spoken to the father to explain about these current circumstances and he has assured me to keep hold of the deposit and use any monies from the deposit for repairs or damage to the property.He told me that when he came to visit his daughters that he was very concerned how they had not been taking proper care of the property condition and he said that it was no surprise that some of or all the deposit deposit would have to be used for this purpose.I have a receipt that i gave a copy to the father saying the deposit was paid by himself.I made many attempts by letter and text and calls to make an appointment to meet with the daughters to renew and put in place a new contract which they did not respond to.
Expert:  Ash replied 5 months ago.

Ok - so has the deposit been protected? Yes or no

Customer: replied 5 months ago.
I due to go to collect the keys at 3.30pm today and i do not know what i will be up against .Are they allowd to have a third party there.Am i allowd to take my son as a witness to any thing that may be said or done.I have in all my letters and comunications been very professional and polite but i do feel some hostilaty from them and i am quite nervous to go on my own.
The remainder of the deposit is still in my account and shall be returned to the father when the girls leave as agreed by the father
Expert:  Ash replied 5 months ago.

Please clarify whether or not the deposit is protected? I can't tell you the answer until you let me know this.

Customer: replied 5 months ago.
if you mean is it in the government scheme then no it is in my account as agreed with the father.
Expert:  Ash replied 5 months ago.

Ok - then its bad news. It is a LEGAL REQUIREMENT to have it protected.

You need to protect it. Then once its protected you can serve a notice for them to leave.

Then if they dont you can seek a Court order for possession.

You would need to complete form N5:

The Court would list the matter for hearing and decide whether to give possession.

But to be clear, you can NOT evict them without a Court order.
Can I clarify anything for you about this today please?

Customer: replied 5 months ago.
even if the deposit is not theirs you say i should still go ahead and protect it ?Is it too late to do that now?
Expert:  Ash replied 5 months ago.

No, you MUST do that now before taking ANY step to evict, such as a notice.

But you can do it now

Does that clarify?

Expert:  Ash replied 5 months ago.

If this answers your question could I invite you rate my answer 3, 4 or 5 starts before you leave today.

I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget! Thank you.

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