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Thomas Judge
Thomas Judge, Lawyer
Category: Property Law
Satisfied Customers: 33080
Experience:  Over 20 years experience
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My daughter's tenancy has been terminated but the landlord

Customer Question

My daughter's tenancy has been terminated but the landlord is unwilling to return her deposit due to another tenant staying at the property (with their own tenancy agreement and also terminated) is disputing their proportion of the deposit return amount. Each party had their own contract.
My daughter has agreed the outstanding fees for owed rent and the wear and tear amounts.
Can the landlord withhold her deposit until the other party has agreed the amount.
Background
Both tenants moved in at the same time with separate agreements and deposits, however the other tenant moved out prior to the end of the contract and my daughter had to find another person to supplement the other tenant leaving for a short period of time. The third tenant stayed at the property with no tenancy agreement.
Submitted: 2 years ago.
Category: Property Law
Expert:  Thomas Judge replied 2 years ago.
is the deposit protected under a teensy deposit scheme?
Customer: replied 2 years ago.

Sorry don't know - but I can find out

Expert:  Thomas Judge replied 2 years ago.
if you could then that would be really helpful
Customer: replied 2 years ago.

Dont think so. Still awaiting reply - had a look through the contract - no mention of it

Expert:  Thomas Judge replied 2 years ago.
Your daughter is entitled from what you have written to her deposit back - if the deposit was not protected then she may also be able to seek a higher sum from the court (x 3 of the deposit). I would suggest that she write to the landlord formally and make this claim - hopefully then common sense will prevail and he will return her money. If he fails to do so then she may wish to bring court proceedings by way of a small claims proceedings - via www.moneyclaim.gov.ukI hope this helpsPlease remember to rate positively - thanks
Customer: replied 2 years ago.

If the deposit is covered by the scheme what are the options then?

Expert:  Thomas Judge replied 2 years ago.
If the deposit it is covered by the scheme then she should seek the deposit back from the scheme - from what you have written there is no reason as to why this would not be returned to her in full. The purpose of the scheme is to avoid difficulties such as this. Can you please rate positively for me now - would still be happy to any any further questions - thanks
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Customer: replied 2 years ago.

Hi

I've sent a formal request to the landlord and there has been no reply from 3 days ago

What course of action should I follow

Expert:  Thomas Judge replied 2 years ago.
what have you asked the landlord?
Customer: replied 2 years ago.

Sorry for the slow reply - I have asked for a return of the deposit less the amount of outstanding rent.

"

I would therefore like to make a formal request to return the deposit against*****less 50% of the outstanding amount (rent owed and wear and tear on the property). That way each tenant is responsible for their share of the owed amount."

Expert:  Thomas Judge replied 2 years ago.
That makes perfect sense - clear and to the point
Customer: replied 2 years ago.

I have sent another email - this might get reply as it has been a week since my request.

As you are unwilling to return any correspondence regarding my previous request I have had to seek legal advice. Once again can you return the percentage of my deposit as outlined in my previous email. Failure to do so will result in further action

Expert:  Thomas Judge replied 2 years ago.
I think you need to determine a time frame and then decide whether to take legal action