Deposit not being returned by Letting Agency

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  • Deposit not being returned by Letting Agency


    I rented a house with 6 others in Cardiff from 07/08 - 07/09, through a student letting agency. The contract was an Assured short hold tenancy agreement. Now 4 months sinced we all moved out, we still haven't received our deposits back. In the contract it states the deposit will be registered with the tenancy deposit scheme. After weeks of phone calls to the Agency, where we were constantly getting excuses as to why the deposit was late being returned to us, mostly trivial administation procedures that I would have thought would take a couple of weeks not 4 months.

    Basically yesterday one of my ex-housemates finally got hold of the manager who 'Is strongly considering giving none of the 7 tenants their deposit back because of separate outstanding rent issues with some of the tenants'. We all know we have paid our rent, there is nothing outstanding, apart from late fee's which is another issue. So this boils down to either the fact they have huge administration problems and can't keep records of whats paid to them, or the manager is withholding the deposit for as long as he can for whatever reason. I am yet to be in contact with him, I am promised he will phone me tomorrow so I can question him directly on the issue, but I doubt that will come to fruition. Right now I need advice if he does ring me I know exactly what to say.

    We checked to see which tenancy deposit scheme we are covered in, eventually getting the answer as after getting the reference number. I phoned them up today, and received the answer that only 2 out of the 7 tenants are registered with them at the property, neither of whom are me, each for much larger an amount than the £240 we each paid for the deposit. one of the tenants was put down as the lead tenant, the other as a normal tenant. I understand this should have been the lead plus the 6 others as tenants, but only 1 is present on the certificate, confirmed by That means I cannot go through mydeposits to dispute my deposit to get it back, I assume I'd have to get one of the registered people to do it

    I don't really know where all this leaves me, I have the contract still and reading it doesn't give me a lot of information on how the bond is covered or paid back. There is no mention of how rent arrears will affect deposit repayment. As of yet there has been no dispute over damage either. Any advice on where I stand would be great, I know I really need to speak to the Agency manager which I will hopefully do soon, but I have no idea what he'll say to me or if he'll answer my questions.

    I posted the above on another forum and was referred to pose my question here, somebody replied stating "You can't have 7 people on an Assured Shorthold Tenancy and for it still to be valid." That doesn't leave me with confidence if it is true.

  • #2
    Originally posted by Rawz View Post
    "You can't have 7 people on an Assured Shorthold Tenancy and for it still to be valid." That doesn't leave me with confidence if it is true.
    Yes, it is (partly).
    A legal estate cannot be held by more than four persons (except charity trustees and certain other like public bodies).
    But the AST is valid. It vests in the first-named four persons.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).


    • #3


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