Repaying deposit taken (answer needed by 4.30 today please?)

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    Repaying deposit taken (answer needed by 4.30 today please?)

    I am taking early surrender of AST. After deducting rent arears there is a small amount due that I propose to return to tenant(s).
    When the AST was taken out (jointly), the deposit was protected with "Mydeposits" scheme. The lead name was that of the male tenant. Almost immediately upon moving in, he left to go to his former girlfriend. He has since this time ignored my phone calls. Do I send the refund to him at his last known address (his mothers) or do I pay to the remaing tenant that is vacating later today? or do I give half each?

    #2
    Originally posted by Woody View Post
    I am taking early surrender of AST. After deducting rent arears there is a small amount due that I propose to return to tenant(s).
    When the AST was taken out (jointly), the deposit was protected with "Mydeposits" scheme. The lead name was that of the male tenant. Almost immediately upon moving in, he left to go to his former girlfriend. He has since this time ignored my phone calls. Do I send the refund to him at his last known address (his mothers) or do I pay to the remaing tenant that is vacating later today? or do I give half each?
    Woody, I certainly would not bend over backwards to return money to someone who has apparently lost interest in it. This link might be useful to you:

    http://sac.unionsociety.co.uk/export...PROTECTION.pdf

    The deposit protection certificate may have details not just of the lead tenant, but of other tenants who contributed to the deposit. Technically, before any of the deposit is returned, the lead tenant should have requested it. As he has failed to do so, you have two choices:

    1 Keep it all safely until he does
    2 (which would be my preferred option!) : divide it equally amongst the remaining tenants (assuming they are happy to do that), then if he does contact you, tell him the others have his chunk and he should contact them for that.

    Make sure you get a receipt from them to prove you handed it over.
    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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      #3
      If using mydeposits you need to get the signature of the lead tenant on the "unprotect deposit" form, what you should have done when lead T left was re-protect in the name of new lead T. You also need to agree a figure with T as this needs to be entered onto same form.

      I would explain to "other" t's that this sig is required so they need to get the Lead T to co-operate.

      I would also enter the "fig returned" as the full amount, paid in cash, then the T can immediately pay you the o/s rent owed, this leaves paperwork signed as full dep rtned and no further comebacks. (with fully documented and signed receipts to show clearly what happened)

      But you are on a sticky wicket as paperwork is in wrong name, are T likely to be happy with proposed rtned amt ?

      The Rodent
      A pessimist sees the difficulty in every opportunity; an optimist sees the opportunity in every difficulty.
      W.Churchill

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        #4
        Hi

        I assume that the lead tenant is still a joint tenant of the property, or has something happened to assign his interest or to end the old tenancy and create a new one?

        If he is both a joint tenant and the lead for the deposit, my view would be to hang onto the deposit until you can deal with him or until another lead is properly appointed.

        Preston

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          #5
          Many thanks

          Thank you all for you prompt respones which are most helpful.

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