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Started by llop123, January 10, 2015, 03:04:25 AM

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llop123

Hope somebody can help. Basically I moved into a flat 6 years ago, paid one months deposit. Signed a tenancy agreement. Issue is is that the agreement has the name and address of the landlord but the person I paid the deposit to was his friend. I paid in cash and didn't get a receipt. Stupid I know. I have been paying rent monthly into his friends bank account and whenever I have any issues I take it up with his friend. But I've never even met the landlord. Anyway now it comes form me leaving his friend is not giving my deposit back, saying damage to property. But I have a feeling that this guy was renting the place before me, then rent it out to me without telling the landlord. My deposit was not put in any scheme. Is there anything I can do? Thanks for replies.

Hippogriff

If a deposit has not been protected then you can sue for return of that deposit and a penalty can be awarded to you as well.

Possibly start here, but there's plenty of information on this site - http://england.shelter.org.uk/get_advice/tenancy_deposits/tenancy_deposit_protection_schemes/deposit_protection_and_tenancy_deposit_schemes

However, it would seem - to me - that your main challenge would be in proving that you ever paid a deposit at all. Does the Tenancy Agreement refer to any deposit paid?

boboff

Write to the actual landlord.

Await a reply,

Act accordingly.

Better still try and call him and find out what is going on.

Was there any damage?

Rob722

Do you have anything in writing about the "damage" if it sates about not paying back the deposit then there is your evidence.

any "damage" you should have the chance to put right to avoid money been taken, also they must get 3 quotes to fix the damage, then there is fair wear and tear if a carpet is say ment to last 10 years and its now 11 years old then sorry its had its day!

Hippogriff

Quote from: Rob722 on January 12, 2015, 05:10:34 PM...also they must get 3 quotes to fix the damage...

This actually isn't the case.

J-Nevil

Hopefully you've kept all your proof of payments for the rent itself? Any bank receipts or slips etc? Gather them all together as you'll most likely need them.