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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70506
Experience:  Over 5 years in practice.
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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: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 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 3 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 3 years ago.
Did you give notice lawfully?
Customer: replied 3 years ago.

Yes I did

Expert:  Remus2004 replied 3 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 3 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 3 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.
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