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Landlord does not want to pay back deposit separately

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Author Topic: Landlord does not want to pay back deposit separately  (Read 446 times)
Newbie
Posts: 3

I like property

« on: October 02, 2020, 01:14:56 PM »

I would really appreciate your view on the following situation:

I signed a fixed joint tenancy agreement with another tenant (subsequently called tenant B) which ends next week.
None of us is specified as a lead tenant in the contract, i.e. we have equal rights. However, tenant B paid the full deposit (three months´ rents) to the landlord.
Consequently, I paid my share of the deposit (50% of the total amount) to tenant B.

Due to a rather unfortunate tenancy history in our shared flat apartment, I fear or rather - I am 100% sure - that tenant B will not pay back my share of the deposit once he received it from the landlord.
I therefore told the landlord that I do not accept tenant B as a (practical) lead tenant, because I fear that I will not receive my share of the deposit back. I therefore required that my share of the deposit will be directly transferred to me and not to tenant B.

However, the landlord told me that he can only transfer the money back to the person where it came from due to the (standard) deposit protection scheme. The landlord added that the fact that I fear that I might not be paid back by tenant B is an issue between him and me and has nothing to do with the landlord himself.

Do I really need to wait until tenant B tells me that he will not pay me back, so I need to bring the case to the small claims court?
Is there nothing I can do to protect my deposit which I, unfortunatelly, made to tenant B and not directly to the landlord?

I appreciate your thoughts on that.

Best

Jr. Member
Posts: 80

I like property

« Reply #1 on: October 02, 2020, 02:22:10 PM »

I believe the landlord is correct.  If one person paid him the deposit then unless told otherwise by that person then that is who he will pay the deposit back to.

I agree with the landlord that it is not his issue.

If the person tries to keep the money then this is between you and him and small claims court might be your avenue if no agreement is made.
Global Moderator
Hero Member
Posts: 3664

I like lots of things

« Reply #2 on: October 02, 2020, 03:54:36 PM »

The Landlord is not only correct - they are bound by the rules of the Deposit Scheme... although there may not practically be a Lead Tenant between you two, the Schemes ask for a nominated Lead Tenant - and this is where the money goes to at the end of the tenancy... this is especially true if Custodial of course... if the Deposit was Insured and it remained in the hands of the Landlord all along... you'd accept they have more flexibility. However, it is still not their problem - and you cannot make it their problem.
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