How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Remus2004 Your Own Question

Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69781
Experience:  Over 5 years in practice.
12826847
Type Your Property Law Question Here...
Remus2004 is online now

I rented a room by taking over one of the tenants contract.

Resolved Question:

I rented a room by taking over one of the tenants' contract. The estate agents made me signed a contract without information the landlady. They neglected to tell me that I had to get in touch with her. When I took over the rent I paid a deposit that the landlady refuses to return to me even though she got from the tenant I took over from cconfirmation that the deposit should be returned in my favour.
What should I do have my money back.
Thanks for your help.
Best regards
Emmanuelle Fournier
Submitted: 2 years ago.
Category: Property Law
Expert:  Remus2004 replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
Why is she refusing to return this deposit?
Does she accept it was paid by you and she is not going to rent to you?
Customer: replied 2 years ago.

I already rented and moved out. I paid the deposit to the previous tenant who agreed that the deposit she paid was to be refunded to me instead of her. That was the landlady wish to have confirmation that the deposit should be relinquished in my favour. Now she is saying I never got in touch with her for taking over the rent. I couldn't since I went through her estate agent who didn't inform her of the situation. I shouldn't be held responsible for the estate agent mistakes.

Thanks

Expert:  Remus2004 replied 2 years ago.
Did you give notice lawfully?
Customer: replied 2 years ago.

Yes I did

Expert:  Remus2004 replied 2 years ago.
If your question is about the return of the deposit what should have happened here is that the original tenant should have been returned their deposit and your deposit should have been put in a new scheme.
At the moment, it is likely that the only person who is able to obtain return of the deposit from the deposit scheme people is the original tenant.
You need to find out whether the deposit is still held in the original tenant's name.
If that is the case and you paid a new deposit to the landlord you have a claim against the landlord.
If however you paid the deposit to the old tenant, your claim is against the old tenant who subsequently has a claim against the landlord.
I'm sorry if this is unfavourable but because of the way you have done this, that is the way this will have to be done.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

But the landlady agreed to return the deposit to me instead of the original tenant and now she changes her mind.

Expert:  Remus2004 replied 2 years ago.
That does not change my answer.
The original tenants deposit is in the scheme and the original tenant has your deposit.
The landlady will deny that she ever agreed to refund this deposit.
It has to come out of the scheme and whoever gets it out of the scheme has to refund it to you.
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69781
Experience: Over 5 years in practice.
Remus2004 and other Property Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Remus2004

    Remus2004

    Barrister

    Satisfied Customers:

    2438
    Over 5 years in practice.
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Remus2004's Avatar

    Remus2004

    Barrister

    Satisfied Customers:

    2438
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    445
    UK solicitor holding an England and Wales practising Certificate.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    42
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4708
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/AS/Aston Lawyer/2013-10-8_19517_JAPROFILEPICTURE.64x64.jpg Aston Lawyer's Avatar

    Aston Lawyer

    Solicitor

    Satisfied Customers:

    1869
    LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    828
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    286
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.