Deposit refund for an occupier

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    Deposit refund for an occupier

    Hello!

    I was wondering if you can help...

    6 years ago, I was working in partnership with someone and when I took over the new home we decided to add the tenancy under the company name and me as an occupier.

    Thinking back it was a silly decision but I guess we learn from our errors. I paid the bills under my name all the time and paid deposit and rent for over 5 years from my personal account as a legal occupier. The company never paid.

    Said this, once I left the company, the agency was aware, but did not want to change the agreement or anything. There is clause stating my right as an occupier were due to cease once leaving the company but they rather add me as an occupant on the monthly rent reminders. I paid the rent on time and be nice to my agency and landlords (I have had the luck to find the sweetest landlord and also the relationship with the agency was good).

    The agency agreed to refund me in full but going back to the paperworks they want to refund the company, although the company never paid for it...

    Beign my previous partner notified apparently (I don't even know what to say about GDRP rules, as I told them to remove the work email and also him said the same, annoyed by emails directed to me), he wants to put his hand on my money.

    The agency advices to find a agreement or go to court. The landlord promised to speak to the agency on my behalf. I have a meeting with a solicitor tomorrow.

    Can someone give me a nice advice please?

    Really stressed situation...

    #2
    If the tenancy agreement was in the company name, I agree with the agency.
    The deposit belongs to the company.

    You would have to show that the company let was a sham, which it quite possibly was, but it’s one you instigated and supported for a long time.

    It raises issues about how the company accounted for the property in its books.
    You might be able to recover the rent paid from the company that actually owed it, but it looks like a classic case of someone mixing their personal and business affairs, presumably to achieve some perceived benefit.
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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