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Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7661
Experience:  UK solicitor holding an England and Wales practising Certificate.
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my son (ill advisedly) opened a coffee shop in london. He

Customer Question

my son (ill advisedly) opened a coffee shop in london. He leased the property. His company failed and he left with some back-rent owing. The landlord hasn't repayed anything of the original deposit. Unfortunately son's solicitors (who kept the deeds) seem unable to return something called a 'deed of deposit'. Can the land registery supply ? I have looked at the Land registery website and it isn't clear how to do that.
Submitted: 4 years ago.
Category: Property Law
Expert:  Thomas replied 4 years ago.

Thank you for your question and patience, I’m Tom and I’ll try to help you.

When a commercial lease is executed and the landlord takes a deposit, two documents are executed by the landlord and the tenant. The first is the lease itself which grants the tenant the right to occupy the premises, this is then registered at the land registry and the land registry retains a copy.

The second document that is execute is a Rent Deposit Deed (aka Deed of Deposit. This is not sent to the land registry because it is not an interest in land and so does not concern them. The landlord and the tenant retain their own separate Deeds which the other party has execute . So, the land registry will not be able to supply him with a copy.

The solicitor who acted for your son should either have kept the original with them or sent it to your son. They should certainly still have a copy, you son has to request this from them. They may also retain a copy of the copy that your son executed. He needs to request this from them or otherwise establish what they have done with it.

The rent deposit deed gives the landlord rights to claim from the deposit monies for any breach of the lease. If your son owes back rent then the landlord will certainly claim from the deposit, in addition they will likely claim interest from the deposit monies as well.

You have to get hold of a copy of the rent deposit deed from your son’s solicitors and then contact the landlord to determine what deductions thy have already made from it and which further deductions they propose to make from it to settle their claim.

If the solicitors do not have either the original or the copy then you should complain. At the same time you should request a copy from the landlord and start negotiating with them.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.

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Kind regards,