One of joint tenants can't recover his share of deposit

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    One of joint tenants can't recover his share of deposit


    I reaslise that this forum is written by landlords for landlords, but I thought that you guys would probably know the most about the laws around renting so would probably be the best people to ask.

    This is my situation, I moved in to a house in September 2007 with 2 other people we had a AST which was arranged by the Agent. The Agent also managed the property. We each paid a deposit of £525 plus a month in advance. Which was put in to one of these deposit schemes. All fine so far.

    MY tenancy came to an end in September 2008. I moved out. As did two of my fellow housemates, however one housemate remained in the house as found 3 new housemates to move in.

    When those 3 housemantes moved in they each paid their deposits to the remaining housemate. The agents did not preform a "check-out" becuase apparently the tenancy was continuing just with a change of tenant. To date I am yet to recive my deposit back from my old housemate, as he says he is retaining it until all of the final bills for our period of tenancy have been settled ( as far as I know all that needs to be paid in the BT bill, which should be about £20)

    Where do I stand? As far I was concerned I paid my deposit to the agent and they put it in to the scheme. So I was under the impression that I would have my deposit return ( minus any monies retained to repair any damage) within 10 days of the end of my tenancy.

    Is there anything that protects me? What should I do?

    Thanks in advance for you help.


    As I understand it, the agents don't generally allocate deposits to each individual, but to the group as a whole.



      But My name is on the TDS certificate as being "part-owner" I suppose of the total £2100. The tenant in question is hold all of our deposits, mine and the other two housemates who left when I did.

      Is is not the agents responisbility to return my deposit? And demand a new deposit from the new tenants? Currently the agents have the £2100 from my tenancy and my old housmate has the £1575 from the new tenants. Surely he as a tenant does not have the right to retain any deposit?


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