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Hi, my daughter paid a deposit through an ARLA registered property

Resolved Question:

Hi, my daughter paid a deposit through an ARLA registered property agent to rent a flat with 3 friends. She lived in the flat for 6 weeks when she received a notice to quit the premises from the local council as the property was to be repossessed. After convoluted discussions with the letting agent and her elusive landlady she was sufficiently convinced by the council (following discussions with them) that the repossession would go ahead despite the denials of the landlady. The agent stated that the landlady was no longer their client and that they had passed the deposit onto her (rather than depositing with a 3rd party). My daughter left the premises without a deposit for another flat the night before the repossession and has not be able to recover her deposit from the agent and the landlady will not answer any calls. Is there anything that can be done? Perhaps via ARLA?

Many thanks

Matt
Submitted: 4 years ago.
Category: UK Law
Expert:  Thomas replied 4 years ago.

Hi Matt,

 

Thanks for your question.

 

Check the tenancy agreement your daughter had, in all probability it will state that it is an assured shorthold tenancy.

 

If you are (occupying on an AST) then your landlord must put the deposit monies in to a tenancy deposit scheme within 14 days of receipt. All deposit under ASTs have to be placed in such a scheme and you can sue the landlord for the return of the deposit and a fine of three times the amount of the deposit if it has not been placed in a TDS.

 

Similarly when a tenancy comes to an end the return/deductions of the deposit would be made through the scheme. If this has not been done then it suggests that it was not placed. Ask the agent, if the landlady is no longer her client then they may give you information.

 

Ask for details of the scheme in to which the deposit has been placed. If the deposit has not been placed in to a scheme then she can either write a tersely worded letter asking for the immediate return or issue a claim for the above monies and fine.

 

If it has not been placed then she will get judgement, the question is whether the landlord has assets because judegment is useless without assets/income to enforce it against. Repossession does suggest financial problems obviously, but she can issue the claim herself via http://www.moneyclaim.gov.uk/ fairly cheaply.

 

If this is useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

Kind regards,

Tom

Thomas, Lawyer
Category: UK Law
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Experience: BA (Hons), PgDip, Practising Solicitor
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