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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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My question is regarding assignment of an AST and deposit to

Customer Question

My question is regarding assignment of an AST and deposit to an incoming tenant where the outgoing tenant has outstanding bills in our joint names she refuses to pay. The incoming tenant would be taking over the existing deposit by signing the deed with the outgoing tenant, and so the actual deposit with the TDS will remain on the same account/certificate with an updated assignment dead entitling the incoming tenant to the deposit and it’s protection in the place of the outgoing tenant.
We would then be taking the 50% share of the deposit from the new tenant to pass on to the outgoing tenant.
We need to make deductions, and I’d like to know if the money the incoming tenant gives to me/agency in place of giving directly to the TDS is subject to regulatory requirements, or if it would be a civil matter for the outgoing tenant to take up with me directly if she disputes any of the deductions I would like to make to pay off her unpaid 50% share of joint utilities, cleaning the room, disposal/storage of her abandoned goods. The incoming tenant would still have her money protected by way of taking over the outgoing tenant’s name on the TDS certificate/deed. Once the outgoing tenant signs the deed is it effectively up to us to make deductions and leave it up to the outgoing tenant to take civil action if she feels no deductions should be made at all?
Thank you!
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
Are you asking if you can make these deductions?
Customer: replied 2 years ago.
Yes, or the lettings agency who are fully aware of the problems. The money the incoming tenant brings to the table will not be subject to the TDS as the funds in the TDS are not being removed, but rather having an assignment deed for the AST and deposit signed by both parties through the agency.
Customer: replied 2 years ago.
I understand from what I've been able to search online and with the TDS is that it's good practice to ensure the return of the 50% share to the outgoing tenant is drawn in to the deed of assignment, but does not seem to be obligatory for the incoming tenant to sign that she is handing over cash to the outgoing tenant.
Expert:  Alex J. replied 2 years ago.
Thank you for your question and welcome.
My name is ***** ***** my colleague has asked me to assist you.
Have you paid the bills that are outstanding, are you the one owed the money?
Does the outgoing tenant expect a return of the full deposit?
Kind regards